Part II (D) 5 - Universal periodic review

GE.08-
UNITED
NATIONS A
General Assembly Distr.
GENERAL
A/HRC/WG.6/3/ISR/1
25 September 2008
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
Third session
Geneva, 1-15 December 2008
NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15 (A)
OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1 *
Israel
________________________
* The present document was not edited before being sent to the United Nations translation services.
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I. INTRODUCTION AND METHODOLOGY
1. Israel's national report for this review has been prepared in accordance with the principles
formulated in the Elements for a Roadmap based on resolution 5/1 of 18 January 2007 by the
Human Rights Council, and on the General Guidelines for the Preparation of information under
the Universal Periodic Review contained in Document A/HRC/6/L.24. The present report is
submitted pursuant to the United Nations General Assembly resolution 60/251 of 15 March
2006, which established the Human Rights Council. Accordingly, this report should be read as a
supplement to existing reports for the other United Nations human rights mechanisms. The
Report was prepared in an extensive consultation process involving the relevant Departments
and Ministries.
2. Israel is deeply committed to the promotion and protection of human rights, and in 1991
it completed a process of ratification of all core United Nations human rights instruments. Its
accession to the human rights treaties reflected a commitment to human rights principles already
enshrined in its existing law, and developed in a body of jurisprudence dealing with the
protection of human rights and liberties.
II. THE NORMATIVE AND INSTITUTIONAL FRAMEWORK
A. Constitutional aspects
3. Israel is a parliamentary democracy, based on the principle of separation of powers, and
is comprised of three branches - the Legislative (the Knesset (parliament)), the Executive
(Government) and the Judiciary. Israel has no formal constitution. It has nevertheless enacted
instead a number of Basic Laws dealing with various aspects of its constitutional regime and
enshrining fundamental human rights. Among the most significant of these laws, which can be
seen as a “constitution-in-the-making” are Basic Law: Human Dignity and Liberty and Basic
Law: Freedom of Occupation, both adopted in 1992.
B. The Legislative: the Knesset
4. The Knesset is the Legislative Branch of the State. Its main functions are legislation of
laws, overseeing the Government’s work, appointing the President and the State Comptroller,
and serving as a link between the public and the State Authorities. Israel’s Parliament plays a
growing role in human rights areas, not only by means of legislation, but also by scrutinizing
governmental activity and initiating debates in its various Committees. Thus, for example, the
Constitution, Law and Justice Committee in the Knesset has convened extensive debates over
sensitive human rights and security issues, in which members of the various Governmental
branches, including the Military, have been requested to participate and explain the compatibility
of certain counter-terrorism measures and security considerations with human rights.
5. Human rights considerations are part and parcel of the process of drafting new bills, and
compatibility with human rights standards including international standards, is examined
throughout the legislative process, both by external bodies which are consulted with by the
Government, as well as by the executive branch.
6. One significant piece of legislation designed to ensure the rights of victims of crime, is
the Crime Victims' Rights Law (2001). Its aim is to protect their personal dignity, without
prejudicing the rights of suspected, accused or sentenced persons under the provisions of any
law. Under this Law, the courts and authorities are to take all necessary measures to safeguard
the rights of the crime victim. According to the Law, a crime victim is entitled to the rights
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including: protection, right to receive information on criminal proceedings, right to receive
information on imprisonment or other means of custody, right to be present at in-camera
hearings and other related and important rights. In order to ensure the proper exercise of rights
under the provisions of the Law, the State and District Attorneys’ Offices have established
support departments whose functions include: ensuring the transfer of information from the State
and District Attorneys’ offices to crime victims, and from crime victims to the State and District
Attorneys' Offices; directing and assisting the employees on the implementation of the
provisions under the Law and other functions to that end.
7. On 15 May 2007, the Knesset enacted the Criminal Procedure Law (Amendment no. 51),
(2007), accepting the legal doctrine regarding “Abuse of Process” into Israeli criminal law.
According to the doctrine, which had been previously recognized by the Supreme Court in a
number of cases, the court is permitted to strike an indictment or halt criminal procedures
against a defendant where there is a deficiency in the procedures caused by some fault of the
executive authority and where resort to the deficient procedure would damage the right to fair
trial of the defendant.
8. Among the substantial legislative safeguards for protection of human rights is the
Freedom of Information Act, 1998. The Act imposes upon public authorities a duty to disclose
information held by them, upon request from any Israeli citizen or resident, subject to certain
limitations, comparable to those common in freedom of information legislation in other
countries. The Law also allows requests from foreign residents, regarding their rights in Israel. A
denial of the request can be appealed to an Administrative Court. In 2005, an amendment to this
Law imposed a duty on any public authority to make information it holds concerning
environmental issues available to the public through the authority's internet website and via
alternative methods to be determined by the Minister of Environmental Protection. In 2007
another amendment imposed the provisions of the Freedom of Information Law on all
Governmental Corporations, excluding corporations determined by the Minister of Justice, and
approved by the Knesset's Constitution, Law and Justice Committee.
C. The Executive: accountability mechanisms
1. The Attorney-General
9. The Attorney-General plays a crucial role in safeguarding civil liberties in Israel. The
office of the Attorney-General enjoys complete independence and functions separately from the
political establishment. Its four main functions are to serve as the Head of the Prosecution, to
provide legal counsel to the Government, to advise the Government on legislation, and to
represent the public interest in the legal sphere. Decisions of the Attorney General are subject to
judicial review. The High Court of Justice, however, has followed a policy of restraint, and
judgments overturning a decision of the Attorney General are rare.
2. The Public Defender’s Office
10. In 1995, the Public Defender’s Office (PDO) was established in order to provide high quality
professional legal representation to suspects, defendants, detainees and convicted persons. The right
to be represented by the PDO is defined by law and depends, among other things, on the severity of
the offence and the economic status of the person requesting the service. From 2003 up until 2006,
the percentage of representation by public defenders in magistrate court cases, (including in youth
magistrate courts), increased from approximately 35 per cent to 54 per cent. This increase is the
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result of a gradual decrease in the number of indictments submitted to Magistrate Courts, and a
gradual increase in criminal cases represented by the PDO.
3. The State Comptroller
11. According to Basic Law: State Comptroller (1988), the State Comptroller carries out
external audits and reports on the legality, regularity, economy, efficiency, effectiveness and
integrity of the public administration in order to ensure public accountability and the rule of law.
The State Comptroller also fulfills the function of a Public Complaints Commissioner
(Ombudsman), receiving complaints from the public against State and public bodies subject to
the comptroller's audit. The scope of a State audit in Israel is very extensive and includes the
activities of all Government Ministries, State institutions, branches of the security system, local
municipalities, Government Corporations, State enterprises, and other bodies or institutions
subject to audit. In addition, the State Comptroller may inspect the financial affairs of political
parties represented in the Knesset, including election campaign accounts. In cases of financial
irregularities the State Comptroller may also impose monetary sanctions.
D. Security and police forces
1. Israel Defense Force
12. Promoting human rights value and respect for human dignity are an integral part of the
Israel Defense Force (IDG) training. The IDF maintains a strict policy of investigating every
claim of maltreatment by IDF soldiers. The IDF instructions specifically prohibit any improper
attitudes towards detainees, and instruct as to the denunciation of any instance of an
inappropriate behaviour of a soldier in relation to detainees. In cases of misbehaviour towards
detainees and interrogatees, soldiers are either court-martialed or face disciplinary proceedings,
depending on the severity of the charges. The interrogation of soldiers suspected of the above
violations is performed by the Investigative Military Police. This unit is subordinate to the IDF
General Staff which is independent from the IDF regional commands, and therefore autonomous
to handle the investigations within the auspices of the Military Advocate General's Office.
2. Department for the Investigation of Police Officer
13. The Department for the Investigation of Police Officers was established as part of the
Ministry of Justice to investigate complaints concerning police personnel independently. The
cases investigated generally involve acts of unlawful use of force and related offences. The
Department may recommend the initiation of administrative and/or criminal proceedings against
the suspected officer. Tenders intended to turn the Department into a civilian body, are currently
underway.
3. Israel Security Agency
14. Complaints against Israel Security Agency (ISA) personnel alleging the use of unlawful
investigation techniques are dealt with by the Inspector for the Complaints within ISA
(hereinafter, “the Inspector”). The head of this unit is appointed directly by the Minister of
Justice and is granted the authority of a disciplinary investigator. According to ISA rules of
operation, the Inspector functions independently and under the close supervision of a highranking
prosecutor from the State Attorney’s Office. Following a full examination of the
complaints, the Inspector's report is thoroughly reviewed by the prosecutor and in cases in which
the issues at hand are sensitive or circumstances so necessitate, also by the Attorney General and
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the State Attorney. The decision is an administrative decision, subject to the judicial review of
the Supreme Court sitting as High Court of Justice.
4. Israel Prisons Service
15. Every prisoner or detainee under the care of the Israel Prisons Service (IPS) has available
the following complaint mechanisms regarding the staff and wardens’ use of force: filing a
complaint to the director of the prison; petitioning the relevant District Court in a prisoner's
petition; filing a complaint to the Warden's Investigation Unit (WIU), through the IPS or directly
to the Unit. This Unit is part of the Israeli Police, and its members are police officers. The
findings of the WIU are subject to the State Attorney’s Office scrutiny, who decides whether to
institute disciplinary measures or criminal proceedings; other complaint mechanisms include
filing a complaint to the Prisoners Complaint Ombudsman, who is a member of the Ministry of
Public Security's internal comptroller unit that has the authority to inquire. Additionally, official
visitors in prisons are appointed by the Minister of Public Security and are comprised of lawyers
from the Ministry of Justice and other Governmental Ministries.
16. Section 72 of the Prisons Ordinance grants official visitor authorities to Supreme Court
judges and the Attorney General in prisons throughout Israel, and to District and Magistrate
Courts judges in prisons in their jurisdiction. Dozens of official visitors are allowed to enter the
prisons at any given time (unless special temporary circumstances apply), inspect the state of
affairs, prisoners' care, prison management, etc. During these visits, the prisoners may approach
the visitors and present their complaints, including grievances pertaining to use of force.
Prisoners may also make a complaint with the director of the prison and ask for an interview
with an official visitor. Attorney General's Guidelines broadened the scope of the above to also
include detention facilities and detention cells in police stations.
E. National Commissions and Ombudsmen
1. The Commission for Equal Rights for People with Disabilities
17. The Commission for Equal Rights for People with Disabilities was established according
to the Law for Equal Rights of People with Disabilities (1998), and operates within the Ministry
of Justice as a national regulator and counselor for advancing and ensuring the equal rights of
people with physical, sensory, mental, intellectual and cognitive disabilities. It includes three
main units: Accessibility, Integration in Society and the Legal Department. The Commission's
work is aimed at promoting public policies regarding the rights of persons with disabilities and
providing assistance to individuals who encounter difficulties.
18. The Commission's enforcement role has been enhanced by virtue of an amendment in
2005: in addition to filing a civil claim for violation of the provisions of the employment
chapter, in relation to violation of accessibility provisions the Commission may either file a civil
claim or, subject to providing notice as required by the Law, issue an accessibility order setting
out the various steps required in order to make a particular place or service accessible, together
with a time frame for so doing. Alongside the Commission operates a steering committee,
composed mainly of persons with different disabilities who represent the main organizations
operating in the field.
2. The Commission for Equal Employment Opportunities
19. On 11 November 2007 the Government adopted Resolution No. 2578, concerning the
appointment of an Equal Employment Opportunities Commissioner. This position is the first of
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its kind in Israel. The Commissioner is responsible for collecting information and hearing
complaints from workers concerning instances of sexual harassment, and/or discrimination based
on gender, sexual orientation, parenthood, religion and race. Where necessary, the Commissioner
is also responsible for initiating legal action on behalf of any adversely affected workers. The
Commissioner also has the authority to intervene in court proceedings and request that Courts
issue special orders prohibiting sexual harassment in places of work. Violation of these orders
will be considered a criminal offence.
20. In addition, the Commissioner is responsible for encouraging special programs relating to
equality in employment as well as other educational and promotional activities in working
places. Additional tasks of the Commission are fostering public awareness through education,
training and information; handling complaints regarding the violation of equal employment
legislation; and instructing employers to take general measures regarding all or part of their
workforce or employment applicants, to ensure compliance with duties imposed by employment
equality legislation or to prevent violations of such duties. Under the amendment, a 21-member
advisory committee to the Commission was appointed, including representatives of the Authority
for the Promotion of the Status of Women, the Commission for Equal Rights of People with
Disabilities, relevant Government Ministries, organizations engaged in the promotion of equal
employment rights, trade unions and employers organizations, as well as experts in areas
associated with the work of the Commission.
3. The Authority for the Advancement of the Status of Women
21. The Authority for the Advancement of the Status of Women in the Prime Minister's
Office, focuses on promoting legislation and policies for the advancement of women, as well as
raising public awareness on the matter, primarily the education system and the media. Its fields
of activity include the formulation and encouragement of policy and activities to advance the
status of women, equality and the prevention of violence against women, the coordination of
activities in Government Ministries, local authorities and NGOs in the field of women's rights,
establishing oversight and follow up of Government Ministry activity in the field and providing
consultation for Government Ministries regarding the enforcement of laws under the purview of
the Authority.
4. The Ombudsman of the Ministry of Health
22. The Ombudsman of the Ministry of Health serves all citizens, including children, who
may file a complaint against any Health Maintenance Organization (HMO), including employees
and affiliates.
5. The Military Ombudsman
23. The Military Ombudsman – The IDF Ombudsman (Soldiers’ Complaints Commissioner)
is authorized to receive complaints from soldiers, concerning their conditions of service. The
Ombudsman is accountable in these matters to the Minister of Defense and to the Knesset's
Foreign Affairs and Security Committee.
F. The Judiciary: the Supreme Court
24. As a common law country, Israel’s Supreme Court judgments constitute a binding
precedent. The Supreme Court has been at the forefront of Israel's human rights mechanisms,
monitoring and safeguarding the protection of the rule of law. For this reason it has gained
considerable international recognition and respect throughout the years.
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25. For historical-political reasons, Israel's basic laws concerning human rights do not
include all the political and social human rights. Thus, there is no explicit clause concerning
equality, freedom of expression or the right to education. Hence, Israel’s Supreme Court has
played a central role in developing a broad framework of human rights, by basing its
constitutional jurisprudence on the democratic character of the state, and developing an “Israelimade”
bill of rights. In resolving the formal legal lacuna, the Supreme Court has interpreted the
right to dignity in a broad manner, recognizing other human rights derived from this principle
such as the freedom of expression, the right to equality, the protection from the degradation and
discrimination, freedom of expression and a number of social rights such as the right to work, the
right to organize a trade union, the right to strike, the right to an adequate standard of living,
guaranteed minimal conditions for human subsistence, shelter, food and access to basic medical
treatment. The Supreme Court has also recognized additional rights as deriving from the broad
concept of human dignity, such as freedom of religion, freedom of assembly, the freedom to
choose one's attorney, and the freedom to choose one's name. Based on this Basic Law and as
part of the patient's rights, with the recognition of the patient being an autonomous individual,
the Court also recognized the patient's right to refuse medical treatment. Furthermore, the Court
has interpreted the Law to protect the rights of prisoners and detainees in many criminal cases.
26. Furthermore, in recognition of the right to a dignified death, the Knesset enacted on 6
December 2005, the Terminally Ill Patient Law, which provides an answer to the medical-ethical
dilemma present in the treatment of terminally-ill patients. The Law attempts to create a balance
between the values of sanctity of life, quality of life and respect for a person's autonomous will.
The Law states that a terminally ill patient's will to not have his/her life extended shall be
respected, and that providing them with medical treatment is to be avoided. Nevertheless, the
Law does not allow committing an act, including a medical act, which is intentionally directed to
cause the terminally ill patient's death, or which will certainly result in death, even if committed
from means of grace and compassion. In addition, assisting the patient to commit suicide or
stopping a consecutive medical treatment are both prohibited.
27. Since 1967, the Supreme Court sitting as High Court of Justice has adopted a policy of
opening its doors to petitions filed by non-residents. Among the explicit goals for liberalizing the
Court's rules of standing was the protection of human rights. This was further entrenched by
recognizing the standing of entities and institutions which lacked a personal interest in the case
but whose role is to protect human rights. Hence, under Israel's broad rules of standing, virtually
any person or group who claims an interest in the legal or humanitarian issues involved, beyond
the alleged victim and his/her family, may petition Israel's highest civil judicial instance, having
the petition heard within 48 hours of being filed.
28. Another major development concerns the Supreme Court’s approach to claims of nonjusticiability.
The Court has limited these claims, asserting, inter alia, that they do not apply
where a violation of human rights is alleged. As a result, the Court hears issues concerning
human rights which otherwise would not have been litigated due to their non-justiciable
character. For example, the Court examines the question of respect for human rights in the
course of active hostilities. Such petitions are heard on an expedited basis, sometimes within
hours, during which time – military operations under review may be suspended and the security
forces required to desist their military operations pending a court order, and even cease them
completely upon the Court’s decision.
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III. INTERNATIONAL COMMITMENTS
29. Israel is a party to the core United Nations human rights treaties, including the
International Covenant on Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights, the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination Against Women, the Convention on the Rights of the Child and its two
Additional Protocols on the Involvement of Children in Armed Conflict, and on the Sale of
Children, Child Pornography and Child Prostitution. Israel has also recently ratified the Protocol
to the Palermo Convention on Transnational Organized Crime, on the prohibition of trafficking
in persons, especially women and children. Additionally, Israel is a party to the Convention on
the Prevention and Punishment of the Crime of Genocide, 1951 Convention Relating to the
Status of Refugees and its 1967 Protocol. It is also signatory to the Convention on the Rights of
Persons with Disabilities and in the process of its ratification. Israel was actively engaged
throughout the process of drafting this Convention and has significantly contributed to the
inclusion of specific Articles such as on access to justice. Israel has also ratified numerous
international labor conventions such as No. 138, on minimum age, and No. 182, on the worst
forms of child labor, as well as those under the auspices of UNESCO. Israel regularly reviews its
reservations to human rights treaties, in considering the possibility of withdrawing them.
30. While international treaties are not directly incorporated into Israeli legislation, given its
dualistic system of law, Israel’s general approach, however, is to ensure that domestic
legislation, policies and practice comply with its international commitments. Furthermore, Israeli
courts recognize and apply a presumption of compatibility as an interpretive tool, assuming that
the Knesset, when enacting new legislation, has no intention of derogating or deviating from
international obligations, and therefore Israeli legislation should be interpreted in conformity
with international law, unless an express intention to the opposite exits.
31. Certain laws integrate some of the human rights treaties into Israeli legislation. For
instance, the stated objective of the Pupil Rights Law (2000), is the spirit of human dignity and
the principles of the International Convention on the Rights of the Child (CRC); the Victims of
Offences’ Rights Law, (2001), refers directly to the CRC when addressing a victim who is a
minor; and the Law for the Authority for Advancing the Status of Women, (1998), states that
one of its goals is to implement the International Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW).
32. As part of its bilateral relations, Israeli legal experts provide legal training, upon request,
on human rights issues to counterparts in developing countries. Israel's International
Development Program through the Center for International Cooperation of the Foreign Ministry
(MASHAV), shares technology and know-how with developing countries to alleviate problems
of hunger, disease, and poverty by means of technical training and technology transfer. These
programs encourage professionals from developing countries to find their own solutions to
problems and adapt them to their respective cultural and social values, economic potential,
natural resources and regional priorities. Training concentrates on areas in which Israel has
gained experience: The largest scope of Israel's development activity focuses on adapting new
technologies to eliminate hunger and poverty affecting millions of people in the developing
world. It also includes training on education, social development, public health, environmental
and natural resources protection, and empowerment of women in a developing society. Shortterm
and long-term consultancies are arranged at the request of the host country, with Israeli
experts sent to provide specific advisory services or assistance in program implementation, to
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conduct a survey on a particular topic or to provide support. Problems arising from inadequate
medical and preventive health services in developing countries continue to be of great concern.
Cooperation in this field focuses on the areas of ophthalmology, epidemiology and HIV/AIDS.
33. MASHAV adheres to the Millennium Development Goals (MDGs) set by the
international community to halve poverty by 2015, as well as the Paris Declaration on Aid
Effectiveness, calling for greater synergy among donor and partner countries.
Civil society
34. Israel has an open, vibrant and pluralistic civil society, actively engaged in raising
priorities and challenging the Government's conduct. The Government is engaged in an ongoing
dialogue with numerous NGOs, which has led occasionally to forging joint alliances in the
endeavor to advance issues of common concern, such as in the fields of combating trafficking in
persons and enhancing the status of persons with disabilities.
35. Thus, for example, the Association for Civil Rights in Israel (ACRI) is the largest and
oldest organization which deals with the entire spectrum of human rights and civil liberties
issues. ACRI has contributed significantly to the protection of human rights in Israel. Its work
encompasses litigation and legal advocacy, bringing precedent-setting litigation to the Supreme
Court, providing expert opinions before the Knesset, running human rights education programs
for school teachers, conducting training workshops for security forces, and mounting public
outreach campaigns, including the provision of free legal information and advice through a
public hotline.
36. The National Council for the Child is an independent non-profit organization, which as
part of its work for the advancement of child rights, has established a position of an Ombudsman
for Children and Youth, who receives referrals concerning the infringement of children's rights.
There is also a special ombudsman for Arab children and for the many immigrant children in
Israel, from the former Soviet Union and Ethiopia.
37. Furthermore, as part of its commitment to safeguard human rights and open itself to
international scrutiny and dialogue, Israel has adopted a policy of constructive engagement and
cooperation with various international human rights mechanisms and NGOs. Israel attaches
considerable importance to the participation of NGOs in the United Nations activities and
recognizes the professional contribution of many of them to the deliberative processes on human
rights.
38. Recent examples of such engagements are the visits, in the past three years, by the High
Commissioner on Human Rights, the United Nations Special Representative of the Secretary
General on Children in Armed Conflict and the Special Mechanisms of the Human Rights
Council such as the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, the Special Rapporteur on freedom of religion
or belief, the Special Rapporteur on adequate housing as a component of the right to an adequate
standard of living, and on the right to non-discrimination in this context, the Special Rapporteur
on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health, the
Special Rapporteur on the situation of human rights defenders, Representative of the Secretary-
General on the human rights of internally displaced persons, in addition to the recent visit of
Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator.
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IV. IDENTIFICATION OF ACHIEVEMENTS, BEST PRACTICES, CHALLENGES
AND CONSTRAINTS: ACHIEVEMENTS AND BEST PRACTICES
39. As a melting pot for immigration from over the world, and given the unique composition
of its population, and the concomitant problems which arise in the integration, absorption and
day to day dealing with diversified communities of differing religions and cultures, Israel
continues to face numerous challenges, both internally and from the outside. Added to this, are
the tensions created by ongoing security threats, including acts of terrorism against Israel's
civilian population.
A. Trafficking in persons
40. Israel is a country of destination for victims of trafficking in persons for the purpose of
prostitution, and there have been isolated cases of forced labor. Israel is deeply committed to
combating this grave phenomenon.
41. Among the measures taken by the Government have been the appointment of a National
Coordinator to assist policy making in this area, particularly with regard to protection of victims,
as well as the establishment of a National Plan to Combat Trafficking for Prostitution, and a
National Plan to Combat Slavery, Trafficking for Slavery and Forced Labor. Furthermore,
important Government Resolutions adopted these National Plans and decided upon the
establishment of a shelter and apartments for victims of slavery and trafficking for slavery and
forced labor. Additional procedures and guidelines were introduced to ensure harmonious law
enforcement by the relevant bodies, training activities, awareness campaigns and in particular a
precedential case in which traffickers for organ removal were convicted.
42. On 29 October 2006 the Anti Trafficking Law came into force, paving the way, among
other things, for Israel's recent ratification in August 2008, of the United Nations Optional
Protocol to the Convention on the Sale of Children, Child Pornography and Child Prostitution, as
well as the Protocol to the Palermo Convention on Transnational Organized Crime, on the
prohibition of trafficking in persons, especially women and children.
43. The new legislation places an emphasis on the prohibition of all forms of slavery, as well
as forced labor with heightened sentencing and heightened punishment for exploitation of
vulnerable populations. Before the new Law, Israel did not have a slavery offence. Now, it is a
crime with a maximum punishment of 16 years of imprisonment and 20 years if committed
against a minor.
44. The promulgates a broad trafficking crime for a number of illegal purposes: prostitution,
sexual crimes, slavery or forced labor, removal of organs, pornography, and using the body of a
person to give birth to a baby who is then taken from her. The trafficking and slavery crimes do
not require use of force, coercion, pressure, or fraud, under the assumption that the Israeli society
will not countenance these practices even if the victim "consented".
45. The Law further establishes a special fund for fines and forfeited property, with the
purpose of allocating money for protection, prosecution and prevention of trafficking crimes. At
least 50 per cent of the fund will be allotted to the rehabilitation and protection of trafficking
victims. In addition, the fund will reimburse trafficking victims who have received a judgment
for compensation by traffickers (whether in criminal or civil proceedings) and can establish that
they have used all reasonable means to collect the compensation but have failed.
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46. The Law revises the abduction offences and creates two new crimes: abduction for the
purposes detailed in the trafficking crime (prostitution, pornography, sexual crime, removal of
organs, slavery or forced labor, etc.), and the crime of causing a person to leave his/her country
of residence in order to engage him/her in prostitution or hold him/her under conditions of
slavery.
47. In practice, law enforcement agencies such as the Police, the Immigration
Administration and the Enforcement Department in the Ministry of Industry, Trade and Labor,
have greatly intensified their efforts to combat trafficking.
48. The “Maagan” shelter for victims of trafficking for prostitution began operating on 15
February 2004, creating a supportive climate for victims and providing access to psychological,
social, medical and legal assistance. In addition, procedures have been developed in the
framework of the shelter to allow for the return of victims of trafficking to their countries of
origin in safety aimed towards promoting their rehabilitation.
49. Information and Education Campaigns. The Authority for the Advancement of the Status
of Women in the Prime Minister's Office has been increasingly active in the area of promoting
awareness to combating trafficking in women, and in conducting promotional activities in the
education system. Its activities are aimed at the following target audiences - the Civil Service,
the Local Authorities, the Education System, the Kibbutzim Movement and the IDF.
50. The Courts for their part, interpret the relevant legislation in a broad manner, thus
facilitating the conviction of a maximal number of traffickers, resulting in dozens of verdicts
annually. While sentencing is not uniform, it is increasingly severe, including cases where
traffickers were sentenced to periods of incarceration of 18 and 15 years.
51. The State Attorney vigorously espouses a broad interpretation of these crimes and
initiates appeals when lower court interpretation falls short of these principles and when
sentences do not reflect the gravity of the crimes. The Supreme Court has accepted the State
Attorney's position and interprets the offence broadly while meting out substantial sentences.
52. Witness Protection – in this context it should be noted that the groundwork continues,
following the Government Resolution on “A Witness Protection Program in Israel,” dated 1
January 2006, regarding the establishment of an Authority for the Protection of Witnesses in
Israel, as part of the Ministry of Public Security. On 10 February 2008, the Ministerial
Committee on Legislation and Law Enforcement approved the bill.
53. The Parliamentary Subcommittee of Trafficking in Persons is a Subcommittee of the
Committee on the Status of Women, designed to focus on the battle against trafficking in
women. This Subcommittee remains active in the realm of control, monitoring and overall
supervision of trafficking for prostitution, through legislation, regular meetings, advocacy of
relevant causes, etc. There is also a special Parliamentary Committee on the Issue of Foreign
Workers, where the needs and conditions of employment of migrant workers are addressed.
54. Non governmental organizations too, serve as watchdogs to ensure that issues be
properly addressed by the Government. One of the most important developments in the field has
been the growing cooperation between actors concerning victim protection. Noteworthy
examples are the campaign to have the police severely enforce the crime of advertising
prostitution services; the criticism of police efforts to close places of prostitution; the constant
push and pull to increase and broaden victims' rights. The activities of these organizations have
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led to public awareness of the problems of female trafficking victims, and the need to treat them
and view them as victims.
B. Rights of persons with disabilities
55. The disability rights revolution which has swept the world over the past decade is a
prominent feature of the Israeli landscape. A major landmark in the Israeli disability rights
movement is the enactment of the Equal Rights for People with Disabilities Law in 1998,
together with a major, extensive amendment to the Law passed in 2005, dealing with
accessibility of public places and services, as well as to those operated by the private sector. The
new accessibility regime under the 2005 amendment will only enter into force once the
regulations have been published, and this process has not yet been completed due to the
complexity of the subject matter. Implementation is considerably more advanced where
accessibility of public transport services is concerned.
56. In general, legislation predating the Law was not focused on an approach treating the
state of people with disabilities as a human rights issue, whereas the new Law embraced a
holistic approach.
57. It was the Supreme Court decision in the Botzer case in 1996 (HCJ 7081/93 Botzer v.
Local Municipality Ma'cabim-Reut) which made the legal breakthrough, ruling that a boy with
muscular dystrophy who is confined to a wheelchair, was entitled to access all areas in his
school, basing the decision on general principles of equality and human dignity.
58. The Law enshrines the basic right of a person with disabilities to equality, human dignity,
and active participation in society in all walks of life. Patronizing interference with personal
autonomy is replaced by the right of a person with disabilities to make decisions regarding
his/her own life. Another fundamental principle is the legitimacy of affirmative action programs
for the disabled. The Law establishes the universal right of a person with disabilities to exercise
rights within the existing institutions of society, as opposed to segregated frameworks. Similarly,
an extensive amendment to the Special Education Law passed in 2002 makes a series of
provisions for the right of children with disabilities to integrate into the regular school system.
59. The prohibition on discrimination in all of these areas includes, but is not limited to,
failure to make reasonable accommodations which will enable persons with disabilities to
integrate into the workplace and to access public places and services as others do. The
employment chapter requires the Civil Service and other employers with more than 25
employees to promote “appropriate representation” of persons with disabilities in the work force.
In two precedent-setting cases in 2006, the Tel Aviv and the Haifa Labor District Courts ruled
that people with intellectual and/or mental disabilities, who work for private employers, are not
to be regarded as “volunteers” but as "workers" entitled to the benefits of the employer-employee
relationship and the applicability of all relevant labor laws. In both decisions, the employers
were obligated to retroactively compensate the disabled and provide their inherent rights as
employees. (L.C (Tel-Aviv) 10973/04 Goldstein v. Na'amat: L.C (Haifa) 3327/01 Roth v. Ram
Buildings Ltd).
60. Implementation of the third and final operative part of the Law, concerning the
establishment of the Equal Rights Commission, has come a long way since the establishment of
the Commission in August 2000. Since then the Commission has been active in a number of
areas, including the promotion of co-operation between the various bodies - public private and
voluntary - active in the field, expansion of accessibility to public places and services, including
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public transport, adaptation of emergency services to the needs of people with disabilities,
commissioning research and surveys, taking an active role in the formulation of new legislation,
public relations campaigns raising awareness in the field of accessibility and to the rights of
people with disabilities in general.
61. The Law has profoundly changed the nature of public discourse concerning persons with
disabilities. Public authorities now employ the language of human rights in this context, a fact
evidenced by the State Comptroller's Report of 2002, although there is still room for
improvement.
62. In 2005, the Investigation and Testimony Procedures (Suitability to Persons with Mental
or Physical Disability) Law was issued. This is a precedential Law which regulates methods
adjusted to investigate people with mental or intellectual disabilities and also adjusted methods
for their testimonies. The Law applies to all suspects, victims and witnesses, to specific offences
enumerated in the Law (violence offences, sexual assaults and prostitution). The implementation
of the Law on victims and witnesses will proceed gradually until the year 2010.
63. In December 2007, the Prohibition of Slander Law (1965) was amended by the Israeli
Knesset. According to the revised Law, making a mockery of, or humiliating persons with
disabilities because of said disability - whether it is a psychological, mental (including cognitive)
or physical, permanent or temporary, shall be considered unlawful and prohibited slander.
64. In this context it should also be noted that as a signatory to the United Nations
Convention on the Rights of Persons with Disabilities and an active contributor in its drafting
process, Israel is currently reviewing its legislation in this field, in order to assess which
adjustment need to made in its domestic law as part of the process of advancing towards
ratification.
C. Sexual orientation
65. On 21 November 2006, the Supreme Court handed down a landmark decision concerning
the rights of same sex couples. It held that a wedding certificate from a foreign country in which
same-sex marriages are recognized, could allow the couple to be registered as married by the
Ministry of the Interior. The Supreme Court based its decision on a previous ruling in which a
distinction was made between the duty to register marriages, and the question of recognition of
their status. The Supreme Court determined that the Ministry of the Interior must not
discriminate against same-sex couples who hold a wedding certificate from a foreign country
that permits same-sex marriages. Nevertheless, it noted that by doing so, it did not grant a new
status to same-sex marriages, and reiterated that it is the role of the Knesset to endow as much.
66. On 19 April 2007, The Haifa Labor District Court accepted a claim against a pension
fund, and determined that a surviving partner of a lesbian relationship was eligible to the legal
rights of an “insured widow,” and not of an “insured widower” (D.L.C 1758/06 Moyal-Lefler v.
Mivtachim). The Court stated that "the distinction between men and women in the rules of the
respondent and the Social Security Law derives from a similar rationale- a reflection of the
economic situation in which we live, where women’s incomes are lower than men’s, and their
promotion in the labor market is more difficult. Therefore there is a justification for the
preference of female widows as it narrows the existing gap between men and women.” The
Court held that the plaintiff should be classified as a female widow, and not as a male widower.
She was therefore eligible for the rights of an “insured widow,” and the pension as stated in the
rules of the pension fund.
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67. In a decision dated 23 January 2005, the Attorney General established a new precedent in
which the State is willing to grant legal status to same-sex adoptions of the birth-child or adopted
child of the other spouse. Furthermore, it states that the State is willing to allow the adoption of a
non-biological child by same-sex couples, while considering the best interest of the child. In a
significant decision dated January 2005, (C.A. 10280/01 Yaros-Hakak v. The Attorney General)
the Supreme Court accepted the appeal of two women, a same-sex couple, to adopt each other's
children. The Court emphasized that the decision solely concerns this couple and is not a
principled one, thus leaving the question of same-sex relationships for a later date,
recommending that the Knesset amend the Law to provide a solution to a real problem.
D. Prohibition on corporal punishment of children as a method of education
68. In a significant ruling of the Supreme Court in 1999, corporal punishment was
completely banned from the educational system and later expanded to the framework of the
family unit. In reaching this conclusion, the Supreme Court relied on the United Nations
Convention on the Rights of the Child and on Israel’s Basic Law: Human Dignity and Liberty,
recognizing that a child is autonomous, with rights and interests of his or her own. The Supreme
Court determined that corporal punishment is not a legitimate method to be used by preschool or
other teachers or other staff in the education system. The Court ruled that physical violence
against a student is prohibited, and that the old case law “no longer conforms to acceptable social
norms.” Similarly, it unequivocally stipulated that flogging, beating and ear pulling have no
place in school. A student's dignity as a person is violated when physical violence is exercised.
Likewise, striking a student's hand with a ruler is not a sanctioned teachers’ means of warning.
69. In 2000, the legislature annulled the defense against the civil tort of battery in the Tort
Ordinance, which was used by parents and teachers who inflicted reasonable and moderate
corporal punishment on children. The Pupils' Rights Law (2000) was consequently enacted in
2000, determining that the rights of the pupil were not to be punished corporally or in a
humiliating way in as much as it is inconsistent with human dignity.
70. The Ministry of Education imposes an absolute ban on the use of any form of corporal
punishment as a means of discipline. The same holds for verbal violence - that is, injurious or
humiliating remarks. These directives are enforced through the criminal justice system and
through disciplinary measures.
V. CHALLENGES AND CONSTRAINTS
A. Combating terrorism while preserving rule of law
71. Since its establishment, Israel has faced serious security threats, including suicide
terrorism, external hostility and indiscriminate armed attacks against its civilians. With the
conflicting imperatives of preserving its democratic character, and maintaining public security
and ensuring the inherent right to life of individuals under its jurisdiction, Israel has consistently
sought to maintain its democratic nature, and to preserve and safeguard human rights.
72. As part of the international community, Israel has always been committed to abiding by
international norms, and ensuring that its fight against terrorism is carried out within the
framework of the law. Given its ongoing challenges in countering terrorism, the upsurge of
international terrorism since 9-11 onwards did not changes Israel’s approach nor create new and
stricter balancing formulas, recognizing that as a democracy, it must fight with one hand tied
behind its back, as not all means are acceptable to it in its fight against terrorism.
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73. It is a reflection of this conviction that Israel's Supreme Court, in an unprecedented and
exceptional role, continues to play an active and independent role in scrutinizing the most
detailed aspects of the governments' counter-terrorism measures, in real time, both in Israel and
beyond its territory, even amidst fierce fighting and active hostilities. Thus, for example, in the
case of interrogation techniques of suspected terrorists, the Supreme Court, in an expanded panel
of nine judges, in September 1999, unanimously prohibited the use of moderate physical means
during interrogations of suspected terrorists. The Supreme Court stated that the Israeli Security
Agency had no authority under Israeli law to use physical force in its interrogations. As if to
further-sharpen the dilemma, this ruling was given less than eighteen hours after two car bombs
exploded in the heart of two northern cities - Haifa and Tiberias.
B. Equal rights of women and men
74. Complete equality between men and women before the law is entrenched in Israel, except
in some of the matters governed by religious law. The Equal Rights for Women Law (1951)
establishes that the same laws shall apply to men and women regarding any legal action, and that
any law discriminating against women shall be null and void. The Law also equates the legal
status of women to that of men. This Law was amended by the Knesset in 2000 and in 2005, the
latter stipulating that any task force appointed by the Government for the creation of foreign
and/or interior national policies (including negotiation teams working towards a peace
agreement) must include an appropriate number of women.
75. On 20 November 2007, the Knesset enacted the Gender Implications of Legislation Law
(Legislative Amendments) which imposes a duty to systematically examine the gender
implications of any primary and secondary legislation before it is enacted by the Knesset. The
Law is aimed to expose any hidden inequalities between men and women that might be present
in different bills, in order to advance the status of equality between both genders. Accordingly,
among the official functions of the Authority for the Advancement of the Status of Women is the
submission of opinions to the relevant Knesset committee concerning the gender implications of
any bill or secondary legislation, when brought for its consideration or approval.
76. In terms of representation in political parties, women are still under-represented in
political positions, both in the national and municipal levels. However, there have been
significant positive changes in the past few years. In national elections, several of the large
parties included women’s representation as a dominant factor in the establishment of party lists
(through appointments, quotas, affirmative action etc.). Of the 120 members of the current
Knesset, 17 are women, and from among those women, one is of Arab descent.
77. On 11 March 2007, the Government resolved to obligate Ministers to appoint women to
directorates of Government Corporations until they achieve a 50 per cent representation of
women within two years from the date of the Government Resolution. The Governmental
Corporations Authority supervises closely and effectively any appointments made to directorates
of Government Corporations.
78. The number of women featured among the top three ranking senior staff positions in the
civil service is slowly increasing. The civil service has four main classifications which comprise
the main sources in which administration managers may be ranked. In 1997, women comprised
61 per cent of all civil servants, yet high ranking female civil servants numbered less than 15 per
cent. In October 1999, women still comprised 61 per cent of all civil servants, only the number
of high ranking women had increased to 16.4 per cent. As of 31 December 2006, 45 per cent of
the top four ranking positions, and 43 per cent of the top three ranking positions were held by
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women. These figures do not include women in the security forces, but does include all other
ranks such as nurses and advocates, in which the representation of women is very high.
79. In terms of representation of women in the legal arena in the public sector, the percentage
of women in the Judiciary has substantially increased. There has been a growth of 72 per cent in
the National Labor Court, 42 per cent in the District Courts, and 28 per cent in the Supreme
Court. In all of the different civil courts combined, there are 317 female judges, and 304 male
judges, so that 51 per cent of the civil judiciary in Israel is now composed of women (compared
to a total of 40 per cent in 1998). In 2007 alone, 49 new judges were appointed, 27 of whom
were females.
C. Racism, hate crimes and incitement
80. Given its history as homeland of the Jewish people, and in view of its democratic
tradition, Israel views the challenge of combating racism, Anti-Semitism and hate crimes as a
priority. In addition to being as a party to the United Nations Convention on the Elimination of
All Forms of Racial Discrimination and the Convention on the Prevention and Punishment of the
Crime of Genocide, Israel is committed to tolerance and addressing all manifestations of racism,
xenophobia and anti-Semitism. This is done, through awareness raising projects, educational
programs and events regarding the importance of fighting and denouncing these phenomena.
81. On 12 April 1951, the Knesset (Israel’s parliament) proclaimed Holocaust and Ghetto
Revolt Remembrance Day (Yom Hashoah U'Mered HaGetaot) to be the 27th of Nissan. The
name later became known as Holocaust and Heroism Day (Yom Hashoah Ve Hagevurah). One
important educational activity is the March of the Living - an international program that brings
Jewish teens from all over the world to Poland on Yom Hashoah, Holocaust Memorial Day, to
march from Auschwitz to Birkenau, the largest concentration camp complex built during World
War II, in Poland. The goal of the March of the Living is for these young people to learn the
lessons of the Holocaust and to lead the Jewish people into the future vowing "Never Again". It
is this conviction that led Israel, together with the United Nations and numerous other counties,
to initiate in 2005 the "Holocaust Remembrance" resolution, which designates 27 January as an
annual International Day of Commemoration in memory of the victims of the Holocaust –
observed with ceremonies and activities at United Nations Headquarters in New York and at
United Nations offices around the world.
82. In the domestic arena, Israel focuses on the prevention of racially motivated crimes
through the use of comprehensive and complementary strategies, including through criminal and
administrative tools focusing on the prohibition of public incitement to racist discrimination,
violence or hatred; public racist insults or threats; public denial of the Holocaust; leadership or
support of activities carried out by racist groups, political parties and movements; hate speech;
criminal offences motivated by hatred.
83. Protecting ethnic minority communities from hate speech is the foundation of effective
debate and dialogue in multi-cultural societies. The challenge of striking a constant delicate
balance between ensuring freedom of expression and the prohibition of incitement, is one which
Israel continues to face as a liberal democracy, applying the test of actual possibility and other
safeguards as developed by extensive jurisprudence of Israel's Supreme Court.
84. In order to ensure an effective response to hate, violence and aggression, racism is
widely defined in the Israeli Penal Law 5737-1977, as constituting persecution, humiliation,
degradation, a display of enmity, hostility or violence, or causing violence against the public or
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parts of the population, merely because of their color, racial affiliation or national ethnic origin.
Israel Penal Law prohibits publication of racist incitement or possession of racist publications.
However, publication of a true and a fair report of an act shall not be deemed an offense, on
condition that it was not intended to cause racism. Furthermore, the 2002 Amendment to the
Penal Law prohibits incitement to an act of violence or terrorism.
85. State Attorney Guideline No. 14.12 requires approval by the Deputy State Attorney,
(Special Functions), to initiate investigations into matters of great public sensitivity, i.e. offences
of incitement to racism, incitement to violence, hate offences, and other incitement offences. The
Law also requires the Attorney General's approval to file an indictment for these offences.
86. The State Attorney's Office regards racial remarks against the Arab population as
incitement to racism, and initiates criminal proceedings on their behalf. Criminal investigations
have been conducted into a number of cases of incitement to racism against the Arab population,
and indictments have been filed. Some of the cases were concluded with the defendants
convicted as a consequence.
87. Hate crimes - Racial motivation is recognized as an aggravating circumstance in the
Israeli Penal Law. Accordingly, racist and xenophobic motivation, as well as hostility based on
religion, ethnic origin, sexual orientation, disability or on being a foreign worker, are to be taken
into account as an aggravating factor by the courts.
88. In numerous instances of criminal offences motivated by hatred, investigations have been
opened and indictments filed. An example of such a case is Cr. A. 9040/05, Yitzhak Orion and
Yehuda Ovadia v. The State of Israel; in which the Supreme Court, on 7 December 2006,
rejected an appeal filed against a judgment given by the Jerusalem District Court, which had
convicted the two appellants of various charges of violence and assault of Arabs, and sentenced
each of them to 3 years imprisonment, 6 months suspended imprisonment, and compensatory
payments to their victim, in the amount of 7,500 NIS.
89. Israel further combats hate crimes through other constitutional, criminal and
administrative provisions, such as its Basic Law: the Knesset which forbids any political party
from running for election to the Knesset if, inter alia, its objects or actions, explicitly or by
implication, show incitement to racism or denial of the democratic character of the State. In
addition, the Knesset By-Laws forbid the submission of any legislative bills which, inter alia, are
racist in content.
90. Under section 173 of the Penal Law a person who "publishes any printed, writing,
picture or effigy calculated to outrage the religious feelings or belief of other persons", or who
"utters in a public place and in the hearing of another person any word or sound calculated to
outrage his religious feelings or belief" is liable to imprisonment of one year.
91. Under the Second Television and Radio Authority Law (1990), the holders of concessions
for cable television services may not broadcast any material containing racial incitement, and
they bear a duty to ensure that none of their broadcasts will be liable to incite discrimination on
grounds of religion, race, nationality, ethnicity, lifestyle or origin.
92. The Prohibition of Defamation Law (1995) prohibits defamation of any group as such,
including national, racial or religious groups. To the extent that such defamation, in each
particular case, constitutes incitement to discrimination or hostility, it may fall under the
provisions of the Penal Law as well.
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93. The Prevention of Terrorism Ordinance (1948), makes it an offence to publish, in
writing or vocally, any praise, support or encouragement to acts of violence that are likely to
result in death or injury. The Safety in Public Places Law (1962) specifically prohibits racially
motivated expression at sporting events. The Israeli Police has the authority to deny, restrict or
place conditions on a demonstration permit due to the likelihood of incitement or violence
having a racial or religious cast. In such cases, the formal reason for denial of a demonstration
permit will be a concern for violation of public order and security.
94. In 1986, the Knesset enacted the Denial of Holocaust (Prohibition) Law, which prohibits
denial of the Holocaust and the publication of expressions sympathizing with Nazi crimes. On
September 2007, Israeli Police announced that it exposed a group of eight young men aged 16 to
21, suspected of Neo-Nazi activity, following an extensive under-cover investigation. The young
Israeli men are suspected of abusing foreign workers and religious Jews, the burning and
desecrating of synagogues, and also planning to harm groups of punks, homosexuals and drug
addicts.
95. Israel continues to focus on the prevention of racist crimes through education and
training. The education system regards the concept of preventing hate crimes and propaganda
from a wider point of view which emphasizes the concepts of tolerance, pluralism, prevention of
racism and improved attitudes toward foreigners. These concepts are part of special educational
programs designated for school pupils of all ages aimed at exposing them to different groups
within Israeli society. In addition, the pupils learn about the principles of democracy, the rule of
law, human rights, rights of minorities and pluralism in the framework of civics lessons.
96. The Israeli Police has introduced educational programs for police officers in order to
raise awareness. The activities accord knowledge and understanding of the characteristics of
minority groups in Israel, including Arabs, immigrants, the homosexual community and persons
with disabilities, and provide tools for professional, sensitive police work among these groups.
The concept of "equal and suitable service in a multi-cultural society" was set as the annual
education target for 2007.
97. Despite all efforts made by the State to prevent hate crimes, racist violence and crime
remain a problem in Israel. In order to eliminate the phenomenon, Israel continues to implement
its comprehensive and complementary strategies which, as noted, include education, legislation
and penal action.
D. State of Emergency
98. A State of Emergency has existed in Israel since 19 May 1948, due initially to the basic
threat and realization of hostilities directed by neighboring states, both aimed at Israel's
existence. The on-going struggle against acts of violence and terrorism committed by extremist
groups and individuals in centers of civilian life, including public markets and means of
transport, has compounded the problem and obliged the Government to take measures to meet
the exigencies of the situation, both for the defense of the State as well as for the protection of
life and property. Such a need was addressed by the declaration and maintenance of the state of
emergency, which included the exercise of powers of arrest and detention.
99. In 1992 the Knesset approved the Basic Law: the Government which provided that a
state of emergency could only apply for one year and could only be renewed by vote in the
Knesset. This altered the pre-existing situation in which a continuing state of emergency had
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existed ever since the establishment of the State. Consequently, a state of emergency is no longer
necessarily a permanent situation, but is subject to annual parliamentary debate and scrutiny.
100. In recent years, Israel has been considering refraining from extending the state of
emergency any further. However, the actual termination of the state of emergency could not be
executed immediately, as certain fundamental laws, orders and regulations legally depend upon
the existence of a state of emergency. These acts of legislation must be revised, so as not to
leave crucial matters of the State unregulated when the state of emergency expires.
101. Following the present extension of the state of emergency, the Israeli Government and
the Knesset have embarked on a joint program to complete the necessary legislative procedures
required in order to end the state of emergency. As a result, measures toward removing the
linkage to the state of emergency have been taken. Over the past few years, several laws have
been amended, and they are no longer linked to the state of emergency, and a number of other
bills are now before the Knesset. In addition, the Military Service Law (1951) was amended. As
a result, none of its articles are now linked to the state of emergency.
102. Since January 2000, the Government has decided to ask the Knesset to extend the state of
emergency for a reduced period of six months, and not for a year, the maximum period
prescribed under section 49(b) of Basic Law: The Government, as was the former practice. In a
recent petition to the High Court of Justice, there was a demand to pronounce the declaration
regarding the existence of a state of emergency void, or alternatively, order that it is to be
immediately terminated. The petitioners claim that the ongoing state of emergency poses a
threat to democracy and to civil rights and that in the present circumstances it is no longer vital.
At present, the matter is still pending before the High Court of Justice. The Government has
submitted to the Court, upon its request, a comprehensive estimated schedule regarding the
measures required in order to replace the acts of legislation linked directly to the state of
emergency.
E. Reports to treaty bodies
103. Israel attaches importance to the preparation of accurate, self critical periodic reports to
the United Nations human rights treaty bodies, and to submitting them on time. Much effort and
energy are devoted to ensure that the reports are drafted accurately and coherently, taking into
account the recommendations made by the treaty bodies on previous sessions. In the endeavor to
comply with the treaties' requirements for reporting, the Ministry of Foreign Affairs and the
Ministry of Justice embarked in 1991 in a joint concerted effort to prepare Israel's periodic
reports. The reporting burden places heavy demands on the institutional capacity, especially
given the time pressure to meet the reporting deadlines to the various treaty bodies. Furthermore,
throughout the initial phase of reporting to the United Nations treaty monitoring bodies, one of
the main challenges was the development of expertise in the preparation of professional selfcritical
reports. Hence, since 2000, the Department for International Agreements and Litigation
in the Ministry of Justice formulates these reports following extensive research, where
Government Ministries as well as other relevant government institutions are asked to supply
information and data concerning their areas of operation.
F. Death penalty
104. Although the imposition of a death penalty formally exists in a limited number of
extremely severe cases under Israel’s criminal legislation, Israel has applied a de facto
moratorium on executions, and with the exception of the Nazi war criminal Adolph Eichmann in
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1962, who was convicted by the Magistrates Court of committing genocide under the 1950 Nazi
and Nazi Collaborators (Punishment) Law. The death penalty has not been applied since. The
most recent case in which the death penalty was an option, was that of John Demjanjuk, who,
after having been sentenced to death for war crimes, genocide and crimes against the Jewish
people, was acquitted in 1993 on appeal to the Supreme Court due to a reasonable doubt as to
whether he was indeed “Ivan the Terrible” from the Treblinka death camp.
105. This policy complies with Israel’s obligations as a state party under United Nations
human rights treaties, in particular the International Covenant on Civil and Political Rights, the
Convention on the Elimination of All Forms of Discrimination against Women, the Convention
on the Rights of the child and Israel's sponsorship of United Nations resolutions in support of a
moratorium on the imposition of the death penalty.
106. In theory, under Israeli law, the death penalty may be imposed in four exceptional
instances: the Nazi and Nazi Collaborators (Punishment) Law (1950), the Crime of Genocide
(Prevention and Punishment) Law, (1950), and under the Penal Law, and the Military Justice
Law, (1955), for offenses constituting treason during armed hostilities.
107. Finally, the Defense (Emergency) Regulations, 1945, allow for imposition of the death
penalty for offenses involving illegal use of firearms against persons, or use of explosives or
inflammable objects with intent to kill or to cause grievous bodily harm (Regulation 58). In
practice, however, the State Attorney's Office does not request the death penalty, even for the
most severe offenses.
108. Israel’s Youth (Judgment, Punishment and Modes of Treatment) Law, (1971), prohibits
the imposition of the death penalty on any person who was a minor at the time the offense was
committed (section 25(b)).
109. The death penalty in Israel can only be imposed when judges decide unanimously.
Furthermore, in every case in which a death penalty may be imposed, the Criminal Procedure
Law [Consolidated Version], (1982), requires an automatic appeal to the Supreme Court, even if
the defendant has not appealed the sentence or conviction (section 202). As with any other
convicted person, a person sentenced to death has the right to petition the President of the State
for pardon, clemency, or commutation of sentence.
G. National priorities
110. Among Israel's highest priorities is creating an environment of security and stability,
through reaching peace agreements with its neighbors.
111. Reducing social gaps through combating social distress and poverty is another national
priority, to be achieved by taking a range of actions to reduce unemployment rates and
improving the public health system, and the components of the health basket in particular. Israel
views a stable and growing economy as a national goal of the highest importance. Achieving
maximal transparency in the state budget and its implementation, and the implementation of
reforms in the budgetary process are important elements in this process. Continued immigration
is an important component in the growth and prosperity of the economy and society in Israel,
and in strengthening national security.
112. Reducing inequality and ensuring respect of civil right of citizens belonging to minority
sectors continues to be a central priority. To this end, making an effort to the equal integration of
non-Jewish citizens in the civilian society, and ensuring equality in access to education,
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infrastructure and in receiving health care and welfare are an ongoing challenge; in particular,
the increase of integration of women in the workforce, in the political and economic leadership
of Israel, and Arab women in particular, in accordance with their skills and relative to their
proportion in the population.
113. Raising public awareness in relation to human rights, including within the Establishment
continues to be a principal task, together with the aim of reducing domestic violence, especially
against women and children.
-----
GE.09-
UNITED
NATIONS A
General Assembly Distr.
GENERAL
A/HRC/10/76
8 January 2009
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Tenth session
Agenda item 6
UNIVERSAL PERIODIC REVIEW
Report of the Working Group on the Universal Periodic Review *
Israel
_________________________
*Previously issued under document symbol A/HRC/WG.6/3/L.8. The annex to the present report is circulated as
received.
~ •\ '. JJ
A/HRC/10/76
Page 2
CONTENTS
Paragraphs Page
Introduction...................................................................................................... 1 - 4 3
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS ... 5 - 99 3
A. Presentation by the State under review.......................................... 5 - 18 3
B. Interactive dialogue and responses by the State under review....... 19 - 99 5
II. CONCLUSIONS AND/OR RECOMMENDATIONS.............................. 100 - 102 23
Annex
Composition of the delegation......................................................................... 32
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Introduction
1. The Working Group on the Universal Periodic Review, established in accordance with
Human Rights Council (Council) resolution 5/1 of 18 June 2007, held its third session from 1 to
15 December 2008. The review of Israel was held at the 8th meeting, on 4 December 2008. The
delegation of Israel was headed by H.E. Aharon Leshno-Yaar, Ambassador and Permanent
Representative of Israel to the United Nations Office at Geneva. At its 12th meeting, on 9
December 2008, the Working Group adopted the present report on Israel.
2. On 8 September 2008, the Council selected the following group of rapporteurs (troika) to
facilitate the review of Israel: Republic of Korea, Azerbaijan and Nigeria.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents
were issued for the review of Israel:
(a) A national report submitted / written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/3/ ISR/1);
(b) A compilation prepared by the Office of the United Nations High Commissioner
for Human Rights (OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/3/ ISR/2);
(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/3/ISR/3).
4. A list of questions prepared in advance by Cuba, the United Kingdom of Great Britain
and Northern Ireland, Denmark, Latvia and the Netherlands was transmitted to Israel through the
troika. These questions are available on the extranet of the universal periodic review.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5. At the 8th meeting, on 4 December 2008, the Ambassador and Permanent Representative
of Israel to the United Nations Office at Geneva, H.E. Aharon Leshno-Yaar, introduced the
national report, indicating that Israel appeared in an attitude of humility and respect. Although
Israel has reservations about aspects of the Council's work, it has approached preparation of the
national report and its appearance as an opportunity for genuine introspection and frank
discussions.
6. The representative stated that Israel was founded as a refuge for Jewish exiles from all
over the world, and the founders were committed to creating a society which would enshrine
protection against human rights abuses. Despite decades of conflict and terrorism, Israel is proud
to have established a democratic society based on the rule of law.
7. Israel is party to the core human rights treaties and has hosted eight special rapporteurs in
the last three years. Israel has several domestic mechanisms that constantly review its human
rights record, the most prominent being the Supreme Court. Israel indicated it will make a
concerted effort to incorporate its vibrant civil society groups when considering how to
implement recommendations emanating from the universal periodic review.
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8. Concerned about the challenges of balancing the rights of freedom of movement and
privacy with protection against terrorist attack, Israel is also pained at the denial of basic rights
such as notification of whereabouts and visits by the International Committee on the Red Cross
(ICRC) to missing Israeli soldiers, including Gilad Schalit, Ron Arad and the Sultan Yakoub
MIAs.
9. The Deputy Attorney General of the Ministry of Justice cited the Declaration of
Independence re-establishing the State of Israel 60 years ago, according to which the new State
would be based on freedom, justice and peace as envisaged by the prophets of Israel; ensure
complete equality of social and political rights to all its inhabitants irrespective of religion, race
or sex; and guarantee freedom of religion, conscience, language, education and culture.
10. Since its establishment, Israel has faced continuous security threats, including suicide
terrorism and indiscriminate armed attacks against civilians, a context requiring recognition that
many rights are not absolute. Competing rights are weighed up in the Knesset, the parliament of
Israel, and in its independent judiciary. The Supreme Court refers frequently to international law
and does not hesitate to rely on international norms in its rulings.
11. Israel is proud of its social rights system. All Israeli residents are entitled to free primary
and secondary education and to public health insurance. Israel has a relatively well developed
social security system for its residents, assisting financially, inter alia, people with disabilities,
the aged and the unemployed. In recent years, Israel has made great progress with regard to gay
and lesbian rights, though the issue remains controversial.
12. The principle of equality is a basic one in the legal system, although not formally
mentioned in the Basic Laws. This principle is an important tool in advancing the equality of
Arab citizens in Israel and the Government is aware of the difficulties they face.
13. The delegation said Israel is aware of its shortcomings and the challenges that lie ahead
and would welcome constructive criticism.
14. The Senior Deputy Legal Adviser of the Ministry of Foreign Affairs thanked those
delegations who submitted advance questions, and stated that Israel recognizes that, in many of
the issues it faces, especially those which require a balancing of rights, there are no right
answers, and the most effective way of navigating the dilemmas is to share experience and best
practices.
15. On questions on the application of international humanitarian law rather than human
rights law, Israel indicated it would make every effort to share information, without prejudice to
its reservations about the applicability of this framework within the context of the review. On
questions touching on current bilateral negotiations with the Palestinians, both sides have agreed
to keep the contents confidential, but Israel would be as forthcoming as possible.
16. The question asked by the United Kingdom of Great Britain and Northern Ireland about
independent human rights institutions led Israel to share information about a significant number
of independent monitoring and review bodies that play a crucial role in the protection of human
rights. On its question about the Government's engagement with civil society in preparing human
rights reports and in human rights monitoring, the delegation said Israel recognizes the value of
dialogue with civil society and engages in preparatory dialogue with relevant non-government
organizations for many of its treaty body reports. Regrettably, this was not possible during
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preparation of its national report but they are hopeful that their engagement will be deepened in
future reports.
17. The Netherlands and the United Kingdom asked about measures to ensure protection of
minorities in Israel, including Israeli Arabs and the Bedouin population. Israel recognizes the
discrepancies between different communities in Israel, and is committed to narrowing these
gaps. There is a concerted effort to ensure that Israeli Arabs are represented in policy and
decision-making positions. The historically nomadic Bedouin population, many of whom live in
scattered clusters numbering several dozen houses, presents particular challenges, and an
advisory committee on policy in this regard was established. The Committee, chaired by a
former Supreme Court Justice, includes two Bedouin representatives.
18. Regarding the request of the United Kingdom for elaboration on measures taken to raise
public awareness of human rights, Israel indicated that human rights education has become an
integral part of the school curriculum and that continuing education on human rights issues is an
important part of the training of the State’s law enforcement authorities.
B. Interactive dialogue and responses by the State under review
19. During the interactive dialogue, statements were made by 54 delegations.
20. Brazil, Australia, the Netherlands, Slovenia, Sweden, Norway, Canada, Denmark,
Ireland, Italy, Maldives, Mexico and Latvia thanked Israel for its participation, openness and
willingness to cooperate in the universal periodic review process.
21. The State’s efforts and challenges upholding human rights and its institutions were noted
by France, Austria, Belgium and Brazil, with particular reference to the Supreme Court; Ukraine
and Turkey to the National Council for Children; Turkey to the Ombudsman for Children and
Youth and a special Ombudsman for Arab children and immigrant children; the United Kingdom
and Ukraine to the appointment of a national coordinator on trafficking in persons; Burkina Faso
to the commission for equal rights for persons with disabilities; and Burkina Faso and Finland to
the commission for equal opportunity in employment. Maldives mentioned the State’s signature
of the Convention on the Rights of Persons with Disabilities, Latvia the ratification of the
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography; Maldives and Japan, the cooperation with treaty bodies; and
Switzerland, Maldives and Latvia, the cooperation with special procedures. The following
delegations made reference to developments in the legal framework: Romania referred to the
enactment of the Criminal Procedure Law in 2007 and amendments to the 1998 Freedom of
Information Act; Turkey and Latvia to the Gender Implications Legislation; Greece to the
enactment of the Equal Rights for Women Law; and the Philippines and Romania to the 2006
anti-trafficking law. Latvia, Japan, Ukraine, Mexico, Brazil and Romania highlighted the State’s
efforts in combating trafficking; Burkina Faso and Ukraine, the efforts to promote the rights of
the child; the Holy See, the United Kingdom, Burkina Faso, Mexico, Japan and Brazil, the
efforts to promote the rights of persons with disabilities; the United Kingdom and Japan, the
banning of corporal punishment throughout the education system; the Holy See, Latvia, Burkina
Faso, Japan and Guatemala, the promoting of gender equality; the United Kingdom and Brazil,
the promotion of the rights of same-sex couples; and Australia, the Parliamentary scrutiny of the
state of emergency.
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22. The Syrian Arab Republic noted that the report submitted by Israel omitted the reality of
Israel being a State for Jews, where Jews alone are the citizens of the country. The report also
failed to point out that the laws of the occupying power ensure that Israelis are subject to civil
laws, whereas the Arabs are subjective to military laws. It recommended that Israel set a clear
timetable to commit itself to the principles of human rights and humanitarian laws in all
occupied Arab territories, and to releasing all Arab prisoners and detainees in Israeli prisons
imprisoned for years without trial. Israel should enable ICRC to provide for needs and health
care, in conformity with Council resolution 7/30, given that health standards are deteriorating on
an ongoing basis; respect religious and cultural rights of Palestinians in all Occupied Palestinian
Territories, including Jerusalem, in accordance with Council resolution 6/19; and commit to
implementing the recommendations made after the review of its report to the Committee against
Torture, and put an end to physical and mental torture of Arab prisoners.
23. Egypt noted that the State’s report omits to mention that it remains the occupying power
of lands of three Arab countries and that, since 1967, more than 20 per cent of the Palestinian
population has been detained by Israel. Egypt noted that Israel ignored the advisory opinion of
the International Court of Justice requesting it to cease the construction of the wall being built in
the Occupied Palestinian Territories, including in and around East Jerusalem, and to dismantle
those parts built on the Territories. Egypt referred to Israeli practices in the occupied Syrian
Golan, including the confiscation of lands and imposing its citizenship on the Syrian people.
Egypt recommended that Israel end its occupation of all Palestinian and Arab Territories
occupied since 1967, including Jerusalem and the Syrian Golan; respect the right of Palestinians
to self-determination and the establishment of their independent State, with Jerusalem as its
capital; respect the right of Palestinian refugees to return to their homelands and be compensated
for losses and damage incurred and to retrieve their properties; fully implement the advisory
opinion of the International Court of Justice concerning the wall; annul its illegitimate decision
to annex the occupied Syrian Golan, and to end all settlement activities therein; end all
settlement activities in the Occupied Palestinian Territories, particularly in and around occupied
Jerusalem; immediately cease its military operations in the Occupied Palestinian Territories and
lift the closure imposed on the Gaza strip; and immediately release all Palestinian, Syrian and
other Arab prisoners and detainees.
24. France asked if Israel envisaged limiting the use of administrative detention, particularly
for minors, based on “secret proof for security reasons”. It noted that there are laws and
regulations that favour the Jewish majority, particularly with regard to access to citizenship and
land, a major concern being the Bedouin population, forbidden from living on their traditional
lands in the south of Israel. France asked about concrete measures to eliminate discrimination
against Arab minorities. It said restrictions on the freedom of movement in the occupied
territories have serious humanitarian and economic consequences, contravening the Fourth
Geneva Convention. The blockade of the Gaza Strip is a major concern and Israel should
conform to international humanitarian law and allow humanitarian personnel to pass, particularly
those from the United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA) and the World Food Programme. France recommended the reopening of points of
passage to and from the Gaza Strip. It expressed concern that, in overcrowded Israeli prisons,
visitation rights are refused to families of Palestinian prisoners, and about the incarceration of
minors. It recommended that Israel respect the principles for the protection of persons subjected
to detention or imprisonment and implement the recommendation of the Committee against
Torture that it adopt specific legislation to ban torture. France also recommended that Israel, to
ensure best protection of human rights and follow-up on implementation of international
instruments, establish an independent national human rights institution, in accordance with the
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Paris principles. France recommended that Israel sign the International Convention for the
Protection of All Persons from Enforced Disappearance.
25. The Islamic Republic of Iran emphasized that the universal periodic review does not
constitute a sufficient mechanism for addressing this specific situation. It also emphasized that
occupation is the root cause of all human rights violations and atrocities against the Palestinians.
It expressed concern that grave and systematic violations of human rights against the people of
Palestine, the Syrian Golan, Lebanon and other occupied territories have been documented in
international reports, such as extrajudicial killings, demolition of houses, imprisonment of
innocent people, racist and discriminatory policies and practices, use of torture, expansion of
settlements, increasing checkpoints, closure of crossings and military incursions, and violations
of human rights and humanitarian law, such as the construction of the illegal apartheid wall,
targeted killings and the use of Palestinians as human shields. It noted the conclusions of the
fact-finding mission established by the Council (A/HRC/9/26) that the shelling of Beit Hanoun
constituted a war crime. It stated that the severe blockade of Gaza is the most recent atrocity
against the Palestinians, and that these actions constitute severe breaches, amounting to crimes
against humanity. It called upon the international community to take all necessary and concrete
measures to put an immediate end to all forms and manifestations of occupation, aggression and
violations of human rights against the people of Palestine and the Syrian Golan.
26. Morocco noted violations of rights in Jerusalem, particularly cultural rights, the right to
freedom of religion and belief. Morocco recommended the implementation of all international
resolutions confirming the need to preserve the character and characteristics of Jerusalem, not to
change its legal status and to preserve its Islamic and Christian spiritual monuments and
symbols; ensuring the enjoyment by the Palestinians of all their cultural and religious rights, as
contained in the Universal Declaration of Human Rights, and allowing them to have access to all
places of worship, in accordance with the Fourth Geneva Convention, without any restrictions,
preserving cultural heritage, taking all measures to protect these places and to preserve their
dignity; implementing all resolutions adopted by the Council, particularly its resolution 7/18 in
which it requested Israel to cooperate with the Special Rapporteur on the human rights situation
in the Palestinian territories occupied since 1967 and to immediately withdraw all legislative and
administrative measures aimed at making the occupied East Jerusalem Jewish, including
measures that allow archaeological digging around the Aqsa Mosque, the building of a
synagogue, the establishment and expansion of settlements and the shutting down of Palestinian
institutions; respect for all United Nations resolutions and obligations under international human
rights and international humanitarian law, with a view to guaranteeing fundamental rights and
freedoms to all Palestinians in the Occupied Palestinian Territories, including East Jerusalem,
through combating all forms of discrimination they are subjected to; and ensuring the enjoyment
of the rights of the Palestinian people to, inter alia, housing, education, health, freedom of
expression and freedom of movement.
27. Yemen stated that the suffering in the Gaza Strip was grave, and recommended that Israel
immediately free all Palestinian, Syrian and Arab detainees, including women, children and
journalists; allow international organizations, including ICRC, to visit detainees and examine
their situation in all Israeli prisons to ensure that detention conditions conform to minimum
standards; put an end to all forms of torture and degrading and inhuman behaviour; give families
the right to visit detainees; remove crossing points; facilitate movement of Palestinians; and end
its occupation of all Palestinian and Arab territories occupied since 1967, including Jerusalem.
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28. Australia encouraged continued cooperation with non-governmental organizations in
promoting and protecting human rights, particularly those of minorities. Australia recognized the
security threats faced by Israel, including ongoing terrorist attacks against Israeli civilians, which
affect fundamental human rights. Australia noted reports by non-governmental organizations
alleging mistreatment of detainees and asked about steps to promote a culture of personal
accountability, to ensure that treatment of detainees is in accordance with international standards,
and that those responsible for ill treatment are prosecuted. It noted movement restrictions in the
Palestinian territories, seeking information on steps taken to reduce the humanitarian impact of
its security measures.
29. Kuwait stated that the report did not address the rights of the Palestinian people nor
issues raised by international organizations, including the Council. The Israeli occupation
authority has denied the rights of Palestinian people to self-determination, despite recognition of
this right by the Security Council, the General Assembly, the International Court of Justice and
the occupation authority itself. It noted the continued suffering of Arab detainees in occupation
prisons, the detention conditions and the deteriorating health of detainees. Kuwait requested the
implementation of Council resolution 7/30 with regard to Syrian detainees in occupation prisons.
Kuwait recommended ending the occupation of the Occupied Palestinian Territories and other
Arab territories occupied since 1967; ending Israeli violations in the occupied Syrian Golan;
respecting the right of the Palestinian people to self-determination and the right to the creation of
its independent sovereign State, with Jerusalem as the capital; applying international human
rights and humanitarian law in the Occupied Palestinian Territories and the occupied Syrian
Golan; and implementing Council resolutions.
30. Germany noted that the difficult security situation in and around Israel must be borne in
mind when the Government considers its human rights policy. It condemned the missile attacks
from Gaza against Israel and was concerned about the closure of border crossings and the
resulting humanitarian situation. It asked Israel how access to humanitarian personnel, diplomats
and international media representatives to Gaza could be ensured.
31. Turkey reiterated its commitment to the peace process and the efforts aimed at reaching a
two-State solution in accordance with Security Council resolutions. It stated that sustained
improvement of the humanitarian situation in Palestine territories can only be achieved by a
permanent settlement of the conflict. Turkey encouraged the international community to
continue its efforts to that end. Turkey stated that measures must be taken to ameliorate the
living conditions of the Palestine people. It called on all parties concerned to refrain from any
action that could undermine the process leading to a durable solution. Noting the State’s
intention not to extend the state of emergency, the revision of certain fundamental laws, orders
and regulations that depend on the existence of a state of emergency, and that the matter is
pending before the High Court of Justice, Turkey requested further information on the schedule
for the remaining procedures. Turkey requested Israel to share some best practices in the field of
children’s rights.
32. The Holy See was concerned about discrimination against Israeli Arabs and Palestinians.
It noted that, for Arab Israeli citizens, with few exceptions, reunions with members of their
family in the West Bank and Gaza are not allowed because of the Citizenship and Entry into
Israel Law. The negative effect on these families is severe. The Holy See recommended
suspension of the afore-mentioned law. It noted the State’s non-recognition of interreligious
marriages, asking whether the Israeli authorities are working to meet the rights of these citizens.
It encouraged Israel to continue its negotiations with the Palestinian leadership to achieve the
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two-State vision of an independent, viable, sovereign Palestinian State living side-by-side with
Israel in peace and security.
33. Austria noted the lack of a formal constitution in Israel acknowledging the important
progressive role of the Supreme Court in developing the scope of human rights protection. It
asked about ongoing consultations for the development of a constitution and about measures to
ensure that all parts of society benefit from it. It noted concerns expressed by treaty bodies and
two Israeli commissions about the inequality of civil rights of citizens, namely between Jewish
and Arab Israeli citizens, on issues such as employment, property and public administration.
Austria requested information about measures to tackle them and recommended that Israel
increase efforts to implement the recommendations of treaty bodies, particularly using the
ongoing negotiations on a new constitution to include general non-discrimination provisions for
all Israeli citizens. Austria requested the Government’s views on the recommendations of the
Special Rapporteur on the situation of human rights defenders concerning the increased
vulnerability of Arab and Palestinian communities and Palestinian human rights defenders,
because of their isolation and restrictions on movement and communication. It recommended
that Israel do its utmost to ensure that human rights defenders can carry out their legitimate work
in a secure and free environment.
34. Switzerland recommended that Israel incorporate the Convention on the Elimination of
All Forms of Discrimination against Women, the International Covenant on Economic, Social
and Cultural Rights and the Convention against Torture into national legislation as soon as
possible. It encouraged Israel to respond favourably to requests for special procedures visits.
Noting the difficult situation faced by the Bedouin in Southern Israel, mostly owing to
displacement from their ancestral lands, resulting in harm to their right to adequate housing,
health and education, Switzerland enquired about measures to be taken to improve their socioeconomic
and legal conditions. Switzerland recommended that Israel not renew the Citizenship
and Entry into Israel Law after its expiration in July 2009 and re-examine its scope with a view
to respecting the obligation of non-discrimination. Noting the Government’s statement that
integration of non-Jewish citizens in society, including the improvement of the integration of
Arab women, constituted a priority, Switzerland enquired about actual measures envisaged.
Switzerland recalled that Israel must respect its international humanitarian law obligations with
regard to other parties to the conflict. It recommended that Israel fully respect human rights
obligations not only in its own territory but also in places under its control, such as the Occupied
Palestinian Territory, as recalled by treaty bodies and the International Court of Justice; cease
immediately the expansion of settlements and the operations of destruction, inter alia, in East
Jerusalem of houses belonging to Palestinian families; and lift blockades in the Gaza Strip and
remove restrictions on movement currently placed in the Occupied Palestinian Territory that
gravely harm the human rights of Palestinians.
35. Palestine stated that Israel’s presentation did not refer to its responsibility as an
occupying power to the human rights situation in the Occupied Palestinian Territory. Palestine
recommended putting an end to its occupation of the Palestinian and Arab territories, as
occupation is the most severe form of human rights violations; reporting to the Council on the
situation of human rights in the Occupied Palestinian Territory, being responsible as an
occupying power; adhering to the realization of the right to self-determination of the Palestinian
people in line with its commitments as a party to both the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and Political Rights; adhering
to the advisory opinion of the International Court of Justice on the construction of the wall;
recognizing the right to return for the Palestinian refugees to their homeland in line with the
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Fourth Geneva Convention; immediately halting all settlement activities in the Occupied
Palestinian Territory; stopping the misuse and destruction of the natural and agricultural
resources of the Palestinian people; abolishing the illegal annexation of East Jerusalem, and all
measures taken to “Judaize” the city and obliterate its Arabic, Christian and Muslim nature;
ensuring freedom of worship and access to worshipers; immediately releasing all Palestinian
prisoners and administrative detainees; abolishing all procedures legitimizing the use of torture
in line with its commitment to the Convention against Torture and immediately halting extrajudicial
killings; removing all military checkpoints in the West Bank to enable Palestinians to
enjoy their rights to education, freedom of movement and health; putting an end to the policy of
collective punishment against Palestinians; lifting the closure and siege imposed over the
Palestinian territories, namely over the occupied Gaza Strip; and implementing all resolutions
and recommendations of the Council and all special rapporteurs, including those of the Special
Rapporteurs on the situation of human rights in the Palestinian territories occupied since 1967
and the Special Committee on the Israeli practices in the Arab land occupied in 1967, in addition
to extending full cooperation with them.
36. Saudi Arabia subscribed to the statement by Palestine. It stated that, despite the opinion
of the International Court of Justice and what the international community, including the
Council, has said, Israel continues with construction of the wall. It added that Israel’s continued
creation of illegal settlements goes against the decisions and standards of the international
community and article 49 of the Geneva Convention. Saudi Arabia urged the international
community to help resolve this crisis. It said there would be no peace unless there is respect for
the inalienable rights of Palestinians and withdrawal of Israel from occupied Arab territories.
37. Pakistan noted that the State’s national report ignored the very large number of
Palestinians and other Arab citizens suffering from policies of occupation. It noted that almost all
human rights mechanisms reported extreme human rights violations against these people and in
the Occupied Palestinian Territory, including the grave concern of the Committee on Economic,
Social and Cultural Rights about the deplorable conditions of Palestinians in the territories and
the continuing practice of home demolitions, land confiscations and restrictions on residency
rights; the concern of the Committee on the Elimination of Racial Discrimination over the
implementation of the policy in relation to prosecutions of public figures who indulge in hate
speeches against Arabs; and the concern of UNRWA over illegal settlements that continue to
expand and encroach upon Palestinian land and restrictive permit systems for Palestinians.
Pakistan endorsed the recommendations of the Special Rapporteur on the situation of human
rights defenders and the recommendations made by Palestine.
38. Belgium regretted that the national report did not deal with the situation in the Occupied
Palestinian Territory. The situation of minorities, particularly Arab Israelis, was addressed in a
limited way. Obstacles to free movement of Palestinians from the West Bank and Gaza are
serious humanitarian and human rights problems. Israel has prevented human rights defenders
from participating in meetings abroad. Difficulties faced by journalists and diplomats in gaining
access to Gaza are equally causes of concern. Belgium asked about measures to lighten the
controls and administrative procedures which weigh daily on the population and to restore the
right to movement for Palestinians, including human rights advocates. Belgium recommended
that Israel limit restrictions of free movement only to situations that require security guarantees;
in accordance with international law, particularly the International Covenant on Civil and
Political Rights, in a non-discriminatory way, proportionate to the desired aim.
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39. The United Kingdom recommended that Israel engage with civil society in the follow-up
and implementation of the universal periodic review process. It expressed concern about the
State’s minority Arab population, including the Bedouin, who suffer from institutional, legal and
societal inequalities and discrimination. It asked if minority groups were consulted in preparation
for the review and recommended that Israel ensure that the rights of minorities are fully
protected. Concerned about the administrative detention of Palestinian prisoners, especially
teenagers, in Israeli prisons, the United Kingdom recommended that Israel take immediate action
to ensure that all cases are reviewed by a court in accordance with fair procedures, and that the
rights of detainees, particularly the right to a fair trial and family visitation, are upheld. It noted
that, although not mentioned in the national report, the Occupied Palestinian Territory is also
cause for serious concern. It noted that, according to reports, in the first half of 2008, Israel
expanded settlements in the West Bank and East Jerusalem at a faster rate than in the previous
seven years, adding that this has resulted in serious restrictions on the movement of Palestinians
in the territories, the destruction of homes and appropriation of lands. It said that settlement
building is illegal, corrodes trust and should stop. Expressing concerns about restrictions in the
West Bank and Gaza, it urged Israel to respect its obligations under the Fourth Geneva
Convention and to allow passage and distribution of relief consignments and asked about steps
being taken to address the situation. The United Kingdom recommended that Israel take action to
ensure Palestinians are fully able to enjoy their economic, social and cultural rights.
40. The Netherlands enquired whether all recommendations of the 2003 Or Commission had
been implemented. While fully endorsing the State’s need to provide security for its own people,
the Netherlands emphasized this cannot be used to justify violent actions against Israeli civilians.
It recognized the importance of providing residents of Palestinian territories with the
opportunities to reach an adequate standard of living. It requested an explanation of how Israel
will work towards significant improvements for residents of Gaza and the West Bank and
recommended that Israel guarantee access and freedom of movement to these residents,
notwithstanding the necessary security measures.
41. Slovenia noted with concern the information in the OHCHR compilation and
stakeholders’ reports on the refusal to the right to conscientious objection, part of the right to
freedom of thought, conscience and religion, and on imprisonment in this regard. It asked if
Israel intended to review this, and recommended ceasing imprisoning conscientious objectors
and considering granting the right to conscientious objection to serve instead with a civilian body
independent of the military. It asked about concrete steps planned to implement the
recommendations of the Committee on the Rights of the Child, and recommended that Israel
develop mechanisms for overseeing their implementation in the West Bank and Gaza. Concerned
about the lack of or limited right to education of Palestinian children held in Israeli detention,
some in administrative detention, and about reports of mistreatment, it asked about steps to bring
the State’s policy towards Palestinian minors in detention into line with international norms and
standards. It recommended establishing a separate juvenile justice system to try accused
Palestinian children. Noting that the definition of a child under Israeli military law for children in
the Occupied Palestinian Territories differs from its civil law and from the international standard
of 18 years of age, it asked about steps to consistently define the age of the child as 18. Slovenia
commended the de facto moratorium on death penalty and encouraged the State to move towards
its formal and final legal abolition.
42. The Israeli delegation expressed appreciation to the many delegations who commended
efforts made to date in many areas and expressed support for the State’s democratic tradition, its
Supreme Court, its ratification of core human rights instruments and constructive engagement
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with the universal periodic review process. It said it was willing to engage in bilateral dialogue
on issues on which it was asked to share best practices.
43. Israel was reluctant to construct the security fence, which was built after waves of suicide
bombings, which began in 2002, killed hundreds of people. To protect the inherent right to life, a
temporary fence was built as a defensive measure and has proven to be extremely effective in the
fight against terrorism. Israel recognizes that its construction raises complex humanitarian
questions. There is extensive consultation with the local population in each area regarding the
route and humanitarian arrangements, including agricultural gates, access to medical facilities
and school buses for children separated from their schools.
44. For much of its length, the fence runs on the green line or within Israeli territory. Where,
for security reasons, the route must run inside the West Bank, any proposed section of the route
is published, notifying the population of the right to submit objection and claims. Measures are
taken to limit the effect of the fence on the environment; for example over 60,000 olive trees
have been replanted. Any individual affected by the fence, Israeli or Palestinian, has a direct
right of access to petition the Supreme Court sitting as the High Court of Justice. Unlike the
International Court of Justice, which was asked to address the issue in a sweeping manner and
without the facts needed to weigh up humanitarian and security considerations, the High Court of
Justice examines each individual stretch of the fence and subjects it to a stringent proportionality
test under international law. The Court's decisions have resulted in dramatic changes to the route
of the fence and humanitarian arrangements.
45. On the use of administrative detention against Palestinians, particularly against minors,
and on concerns regarding visitation rights and court review, the delegation said Israel is aware
that administrative detention measures can be susceptible to abuse; however, the Geneva
Conventions recognize circumstances where it may be necessary and justified, the guiding
principle being that it can only be used in situations of imperative military necessity and in full
conformity with article 78 of the Fourth Geneva Convention. In practice, this means it can only
be considered where the usual judicial procedures would endanger sources of information or to
safeguard classified information. The Supreme Court has insisted that, before administrative
detention can be considered, normal criminal proceedings must always be weighed. Israel
outlined restrictions to use of detention orders and the rights of individuals subjected to them.
46. There are currently six Palestinian minors in detention, all over 17 years of age, a figure
to be considered against a context in which terrorist groups are making deliberate efforts to
recruit youngsters. The delegation cited figures to demonstrate that Palestinians incarcerated in
Israel have the same access to education as Israelis.
47. On family visitation rights, it said over 20,000 visits take place each month. Sometimes,
security considerations can affect approval of family visits, and in such cases, even though the
Supreme Court has upheld the principle that security restrictions can constitute grounds to
prevent a family visit, a procedure has been developed to enable such visits to take place without
compromising on security, through the Red Cross.
48. On the humanitarian situation in the Gaza Strip and the West Bank, the delegation said
all Israel Defense Forces were withdrawn from Gaza and the military administration dismantled
in 2005. Since then, under the control of Hamas, the Gaza Strip has become a hotbed of terrorist
activity.
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49. The crossing points, which are the lifeblood for transferring goods and humanitarian
assistance, have been directly targeted by terrorists. In late November 2008, on four different
occasions attacks were directed against the Nahal Oz, Karni and Erez crossings and their vicinity
and a rocket was launched against the Kerem Shalom crossing.
50. On a daily basis, Israel engages in a careful assessment of how best to ensure fulfilment
of its humanitarian obligations, including the continued provision of fuel, electricity and water,
while making efforts to protect its own civilians. In November 2008 alone, 454 trucks and over
12,700 tons of humanitarian goods entered Gaza, and 398 residents of Gaza were permitted to
enter Israel to receive medical treatment.
51. Regarding the West Bank, Israel has been taking steps to improve freedom of movement
and access. Since the beginning of 2008, over 130 roadblocks and checkpoints have been
removed and subsequently, through these and other measures, the Palestinian economy has
shown signs of strengthening.
52. Unfortunately, there remain abuses of the access arrangements, as shown by several
recent attempts to smuggle explosives across checkpoints, and a recent incident of a woman
using the urgent humanitarian lane, who sprayed toxic acid on Israelis, injuring Palestinians as
well. Nonetheless, the Israel Defense Forces and the Civil Administration are continuously
examining measures to improve movement.
53. It said Israel recognizes the importance of the Convention on Enforced Disappearances
and is considering the implications of signing it and examining its domestic legislation in this
context.
54. Jordan asked why Israel had not ratified the Rome Statute of the International Criminal
Court. It recommended extending a standing invitation to all special procedures; ratification
and/or accession to the Rome Statute or acceptance of its jurisdiction; establishment of a national
human rights institution; refraining from interfering in the affairs of religious institutions,
especially with respect to the rights of ownership and property. Regarding the Occupied
Palestinian Territories, it said Israel, as an occupying power, has an obligation to abide by
international humanitarian and human rights law. It regretted that Israel does not fulfil its
obligations to respect the right to freedom of religion, and that it is implementing a systematic
policy aimed at emptying Jerusalem of its Arab residents by discriminating against them in
municipal services and the use of a set of Israeli laws designed to enable Israel to take possession
of property of Arab residents in East Jerusalem in the event of their travel and/or temporary
residence outside Jerusalem. It stated that Israel violates the rights relative to the Islamic Waqf in
Jerusalem, including by housing Israeli settlers in Waqf homes. It recommended that Israel
ensure protection and welfare of civilians in the Occupied Palestinian Territories; ensure safe and
unhindered access for all humanitarian personnel and humanitarian assistance to civilian
population, and most importantly refrain from imposing blockades on the Gaza strip; refrain
from subjecting the civilian population to collective punishment; ensure access to religious sites,
especially in the Holy City of Jerusalem, and abolish all restrictions imposed on the right to
freedom of movement and the right to manifest one’s religion; ensure the preservation of cultural
and religious heritage in the Occupied Palestinian Territories, particularly in Jerusalem, and
refrain from any actions that aim at changing the character and/or status of these sites; refrain
from preventing or hindering the restoration of Islamic holy shrines by the Waqf; refrain from
evicting Arab residents from their homes in Jerusalem; recognize and ensure the right of
refugees to return to their homes and be adequately compensated, in accordance with relevant
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United Nations resolutions and international law; stop all settlement activities; recognize, accept
and implement the advisory opinion of the International Court of Justice on the wall; and end its
occupation and withdraw from all the territories occupied since 5 June 1967.
55. Bahrain noted that Israel, as an occupying power, continues to carry out military
operations in violation of human rights and humanitarian law. It stated that it is important to end
the occupation of Palestinian and other Arab territories, to apply the provisions of the Fourth
Geneva Convention to civilians, including East Jerusalem, to end the Israeli destruction of
Palestine infrastructure and to be committed to the resolutions of the Council. Bahrain
recommended that Palestinians enjoy economic social and cultural rights as well as civil and
political rights; be able to reach places of worship; and that religious freedom be protected in
accordance with article 27 of the Fourth Geneva Convention, and the occupying power must bear
its responsibility in this respect; and that Israel allow the international community organizations,
particularly ICRC, to ascertain the health conditions of Arab detainees in Israeli prisons. Bahrain
stressed the need to push forward the peace process in the Middle East and to forge a permanent
solution to the Arab-Israeli dispute, based on two States living in peace.
56. Sweden recalled the Human Rights Committee’s recommendation that Israel end the use
of targeted killings of suspected terrorists. Sweden recommended that Israel intensify its efforts
to ensure that human rights are fully respected in the fight against terrorism. Sweden also noted
that the Special Rapporteur on extrajudicial, summary or arbitrary executions has criticized Israel
for not thoroughly investigating claims of killings committed by the Israeli police. Sweden
recommended that Israel spare no effort to investigate allegations of violence and killings
committed by the police and also ensure that the State at all levels fully respects international
human rights standards.
57. Cuba said that the notion of Israel being a democracy is incompatible with its position as
an occupying power humiliating and denying the fundamental rights of Palestinian people. It
noted flagrant, massive and systematic violations of human rights generated in the context of the
Israeli blockade in the Gaza strip in the past few months causing a humanitarian catastrophe,
noting also the massacre in Beit Hanoun. It recommended that Israel end the occupation of all
occupied Arab territories, including the Occupied Palestinian Territories and the occupied Syrian
Golan; end construction of, and dismantle the already built, illegal separation wall; stop the
policy of colonization through illegal settlement; end the blockade in the Gaza strip and
guarantee full access of the Palestinians to basic services; end military attacks against the civilian
Palestinian population; and meet provisions of international humanitarian law, particularly the
Fourth Geneva Convention.
58. Norway noted the amendment made to the Basic Law by the Knesset in June 2008,
prohibiting a person who has visited an enemy country from standing for election for seven
years, regardless of the purpose of the visit. Norway asked how Israel intends to ensure its
legislation conforms to freedom of speech and assembly and political rights to elect and to be
elected for all citizens. Norway asked about steps to protect the rights of human rights defenders.
It further recommended that Israel issue a directive to the military with a view to expanding the
category of “humanitarian exceptions” to permit human rights defenders to enter and leave Gaza
for their work. Noting that some existing criminal provisions could be inconsistent with the
Basic Law on Human Dignity and Liberty and with freedom of speech, Norway recommended
that Israel bring the old criminal provisions that would be seen as inconsistent with the abovementioned
law into conformity with modern human rights law standards.
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59. Canada recommended that Israel strengthen efforts to ensure equality in the application
of the law, counter discrimination against people belonging to all minorities, promote their active
participation in public life and provide public services and infrastructure fairly; ensure access of
Bedouin populations to basic public services such as sanitation, electricity and water; ensure that
prisoners are informed of charges and evidence against them, have prompt access to counsel of
their choice, be charged with recognizable criminal offence and be given a fair trial; and ensure
prompt and impartial investigations of allegations of ill treatment, in accordance with its
obligations under the Convention against Torture. It noted that the State’s right to defend itself is
undeniable and Canada’s support for Israel’s right to live in peace with its neighbours with
secure boundaries cannot be questioned. However, it expressed concern about the humanitarian
impact on civilian Palestinian populations of restrictions on movement and access and
recommended that Israel comply with its obligations under international human rights and
humanitarian law, to ensure the rights to health, education and work and protection of family
rights in the West Bank, including East Jerusalem, the Gaza Strip and the Golan Heights.
60. Spain asked about measures to lift the current impediment to entry of humanitarian aid in
Gaza. Noting that Israel has demolished various Palestinian homes in the Occupied Palestinian
Territories, particularly East Jerusalem, through administrative permits, it asked about measures
to offer these permits to Palestinians so that this practice can end. Noting that Israel continues to
control entry and exit of people both in Gaza and West Bank, it asked about legal guarantees and
recourse for citizens whose entry is denied.
61. Chile, while understanding the security imperatives of Israel, expressed concern over
people in administrative detention without access to lawyers. It recommended that all detainees
be given reasons for their detention in respect of their fundamental rights during detention. Chile
asked how many security and police force agents had been sanctioned for misconduct, and about
measures taken to implement a 1999 Supreme Court decision prohibiting the use of physical
force during interrogations of people in connection with terrorism. Noting that in 2005, the
Committee on the Elimination of Discrimination against Women expressed concern over Israel’s
statement about the inapplicability of polygamy laws, Chile enquired about obstacles in its
application and recommended that Israel put it into effect. It said the State’s treaty obligations
must be applied to all the territories and people under its effective control. Chile expressed deep
concern over restrictions on freedom of movement of people living in the occupied territories,
and that the construction of the wall poses an obstacle to their enjoyment of human rights. It
expressed particular concern over targeted killings that could lead to the death of innocents and
the denial of fundamental justice. Chile recommended that Israel guarantee the enjoyment of
human rights and humanitarian laws for those living in the occupied territories.
62. Qatar indicated that Israel’s practices outside of its borders contradict its treaty
obligations. It noted Israel’s continued policy of collective punishment, the use of blockades and
checkpoints to prevent the movement of individuals and trade, including of United Nations
humanitarian assistance. Qatar asked whether these were necessary to protect citizens or a
political manipulation to impose more suffering on Palestinians and to weaken their will. Qatar
recalled recommendations of the Special Rapporteur on the promotion and protection of human
rights while countering terrorism. It noted the deterioration of the health and the psychological
situation of Palestinians, particularly of children, as a result of preventing entry of food,
medication and other basic needs. Qatar indicated that the restriction of the right to movement is
a violation of the rights to medical care and to education, since it prevents students and teachers
from reaching educational institutions. Qatar indicated that Israel is obliged as an occupying
power to implement the conventions to which it is a party in the occupied Arab territories. Qatar
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called for an expeditious opening of the crossing and checkpoints and urged Israel to release all
Palestinian and Syrian detainees and put an end to all the practices which seek to modify the
demographic composition and architecture of Palestine and the Syrian Golan. Qatar also
recommended respect for all resolutions and decisions of the Council and for the human rights
and fundamental freedoms of the Palestinian people, in particular their right to selfdetermination,
and that a standing invitation be addressed to all special procedures.
63. The Democratic People’s Republic of Korea shared the concerns expressed by the
Special Committee to Investigate Israeli Practices in the Occupied Palestinian Territories, the
Special Rapporteur on the promotion and protection of human rights while countering terrorism
and the High Commissioner for Human Rights on the continuous deterioration of human rights
and the humanitarian situation in the Occupied Palestinian Territories emanating from, among
others, the construction of the security wall. It stated that this has been a major obstacle to the
enjoyment of human rights by Palestinians, especially in education, health care, employment and
basic social services. It noted the advisory opinion of the International Court of Justice on the
wall, noted with concern the 2008 report of the International Labour Organization on the
confiscation of lands of and discrimination against Syrian citizens in the occupied Syrian Golan,
and the Council resolution on the situation in the occupied Syrian Golan. It stated that these acts
violate international human rights law, particularly the treaties to which Israel is party, and called
for the violations to be addressed immediately, including through the cessation of the occupation.
64. Finland noted that, despite the State’s proclamation of equality for citizens, its Bill of
Rights does not guarantee equality and the Arab minority continues to suffer from several forms
of discrimination. Finland recommended that the Government address the problem of
discrimination against minorities and implement the recommendations made by the Or
Commission in 2003, and asked about steps taken in this regard. It expressed concern about the
number of Palestinians detained in Israel and that the majority of Palestinians detained in the
Occupied Palestinian Territories are held in facilities located in Israeli territory, in breach of the
Fourth Geneva Convention stipulating that detainees must be held within the occupied territories.
65. Denmark asked about the use of torture, concerns about impunity and the use of
administrative detention, recommending that Israel ratify the Optional Protocol to the
Convention against Torture and recognize the competence of the Committee against Torture to
examine complaints against Israel; ensure the prompt investigations into allegations thereof and
bring to justice those committing attacks against Palestinian human rights defenders; and ensure
that administrative detention is carried out in accordance with international human rights
standards.
66. Latvia noted that, while Israel has invited and received several special rapporteurs in
recent years, several visits have been requested, but not yet agreed upon. In the light of generally
positive cooperation, it recommended that Israel step up cooperation with special procedures and
eventually consider extending a standing invitation to all of them.
67. Ireland noted that Gaza has effectively been isolated as a result of the Government’s
actions, as all border crossings for people are closed, with very limited exceptions. It noted
restrictions on the passage of goods to the Gaza Strip, including the supply of fuel and
electricity, and the most recent severe disruptions of humanitarian supplies to Gaza. Ireland
asked what the Government is doing to ensure its policies do not constitute collective
punishment prohibited by article 33 of the Fourth Geneva Convention relative to the Protection
of Civilian Persons in Time of War. Ireland recommended that the Government take all
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necessary measures to ensure that it fulfils all of its obligations under international human rights
instruments, particularly the International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights, both of which were ratified by
Israel in 1991. Ireland noted that, under international law, it is illegal to build settlements in the
Occupied Palestinian Territories, including East Jerusalem. It sought information on action taken
and planned to freeze construction of settlements and to dismantle existing settlements or
outposts. Noting the detrimental impact on civilians’ access to essential services and their
freedom of movement, Ireland recommended that the Government abide by its international
obligations, including those under the Fourth Geneva Convention. Noting the concern of the
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism over the use of administrative detention and similar concerns by the
Special Rapporteur on the situation of human rights defenders, Ireland recommended that the
Government actively seek to address these concerns and review the use of administrative
detention, which operates to deny people of their rights to liberty, due process and fair trial.
Ireland also sought details on the policies on detention of minors.
68. Italy asked about concrete steps on the recommendations of the Committee on the Rights
of the Child, particularly on the situation of children in the Occupied Palestinian Territories. Italy
recommended applying the definition of a child as a person under 18 years also in the territories,
in line with article 1 of the Convention. It recommended progressive removal of restrictions that
prevent Palestinian children from access to basic services, including schools and health care.
Italy noted with satisfaction that freedom of religion and the protection of places of worship are
guaranteed by law, but noted that, in practice, some sacred places do not benefit from the same
legal protection as official Jewish places of worship. Italy recommended that Israel guarantee
equitable protection to all places of worship in the country, including all Muslim and Christian
sacred places. It also recommended that it lift unnecessary restrictions on the granting of visas,
particularly multiple entry visas, to members of the Christian clergy in the exercise of their
religious duties. Italy expressed its firm commitment to the legitimate rights of Israel to ensure
its own security, but noted that, although the Government recently announced that the Israel
Defense Forces had removed more than 70 physical obstructions in the West Bank,
investigations by some human rights organizations indicate that, in some places in the northern
West Bank, obstructions previously removed had been moved back into place. Italy
recommended ensuring more freedom of movement for the Palestinians in the West Bank and
particularly Gaza in order to ensure adequate standards of living for Palestinian people and
improve their access to health, education and work.
69. The Israeli delegation said that, with respect to the issue of settlements in the West Bank,
it had been agreed by Israel and the Palestinians to deal with this in the final status negotiations,
which are currently taking place at the highest levels; it was agreed that the two sides should
keep the content of the negotiations confidential. It said Israel adopted numerous unilateral
policy decisions to ensure that all options for a permanent status agreement remain open,
including a Government policy not to commence any new settlements in the West Bank and to
ensure that no private land is expropriated for the purpose of construction. The delegation noted
the introduction of new requirements to ensure that any approvals for construction, including for
natural growth, as well as essential facilities such as schools and health centres, require specific
authorization by the Ministry of Defense in coordination with the Prime Minister. Any such
authorization can be challenged by any affected individual before the Supreme Court sitting as
the High Court of Justice. The delegation added that Israel is aware that a final status agreement
with the Palestinians will require painful territorial concessions, and it has shown its willingness
to engage in such painful processes in the disengagement from the Gaza Strip, in which, in
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addition to withdrawing all military presence, it withdrew some 8,000 civilians along with their
homes, kindergartens, synagogues and cemeteries, and dismantled four settlements in the West
Bank.
70. On family reunifications and limitations on entry of the Palestinians from the West Bank
to Israel, the delegation noted the involvement of the Palestinians from the West Bank and the
Gaza Strip, using the procedure of family reunification, in acts of terrorism. The Government
decided to suspend temporarily granting these individuals legal status in Israel through the
process of family reunifications. A subsequent law enacted in 2003 limits the possibility of
granting residents of the West Bank and the Gaza Strip Israeli citizenship pursuant to the Israeli
Citizenship Law, including means of family reunification. The law allows entry to Israel for
medical treatment, employment and other temporary grounds for up to six months, and was
amended to expand humanitarian elements contained in it in 2005 and 2007. Its constitutionality
has been scrutinized and upheld by the majority of the Supreme Court sitting in an expanded
panel of 11 judges.
71. On the freedom of worship and access to holy places, including East Jerusalem, the
delegation stated that special entry permits are broadly granted and limitations on such entries
are imposed only exceptionally, in the event of specific security threats.
72. With regard to the detention of Hamas members, the delegation stated that, in 2006,
members of the Hamas terrorist organizations, including Hamas ministers, were arrested and
tried for terrorist attacks in open courts. The delegation further noted that they do not enjoy
immunity from legal proceedings, despite holding positions in the Hamas Government. The
delegation noted that several appeals were filed both by the Military Prosecution and the
defendants, some of which are still pending.
73. Burkina Faso encouraged the State to continue its efforts to overcome constraints and
difficulties to implement all human rights and fundamental freedoms for everyone.
74. Mexico encouraged continued intensive efforts to combat trafficking. It urged Israel to
follow up the recommendations made by the Committee on the Elimination of Racial
Discrimination, the Committee on Economic, Social and Cultural Rights, the Committee on the
Elimination of Discrimination against Women and the special procedures that visited in
September 2006 in the areas of equality and non-discrimination, paying particular attention to
women and ethnic, national and religious minorities, the elimination of any distinction, exclusion
or preferential treatment among groups in all the territories under State jurisdiction, particularly
in the areas of access to justice, employment, education, health services, property rights, housing
rights, family reunification and freedom of expression, belief and religion. Mexico recommended
that the Government respect freedom of movement in all territories under State jurisdiction in
conformity with international standards. While noting the renewed state of emergency, Mexico
urged Israel to respect and ensure respect of international humanitarian law, particularly the 1949
Geneva Conventions and the Optional Protocol I thereto, including in the Occupied Palestinian
Territories. Mexico recommended that Israel redouble efforts to guarantee the protection of
human rights and fundamental freedoms in the fight against terrorism, paying particular attention
to the recommendations of the Special Rapporteur on human rights while countering terrorism
on this subject. Finally, Mexico strongly recommended that Israel ratify the Optional Protocol to
the Convention against Torture and the Convention on the Rights of Persons with Disabilities
and the optional protocol thereto.
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75. Maldives noted that human rights improvements in Israel are not matched by
improvements in the territories under its effective control, especially the Occupied Palestinian
Territories, reflecting the State’s refusal to recognize the applicability of international
humanitarian law and human rights law beyond its territory. It noted that the human rights of the
Palestinians are undermined on a massive scale and that, until their fundamental rights are fully
protected, the inalienable right of every person in the region to live in peace, security and
prosperity will never be realized. Maldives recommended that Israel end the occupation of the
Occupied Palestinian Territories; recognize and respect the right of the Palestinian people to selfdetermination
and to establish an independent sovereign Palestinian State; respect its obligations
under international human rights and humanitarian law with regard to the Palestinian people;
acknowledge and fully implement the ruling of the International Court of Justice and
immediately cease work on the construction of the wall in the Occupied Palestinian Territories
and begin dismantling it; fully and immediately implement all Council resolutions on the
situation of human rights in the occupied territories.
76. Indonesia, although acknowledging that Israel has been living in a state of emergency for
over 40 years, was concerned that it continues to use the conflict to justify practices contravening
international law; this applied particularly to the protection of basic rights of the civilian
population in the Occupied Palestinian Territories and other Arab occupied territories, including
the Golan Heights. It asked how denying the rights of Palestinians to have access to their place
of work and to a job, attend school, receive medical care or enjoy such basic necessities as clean
water and electricity could help its cause in the war. It asked if, on the contrary, being deprived
of these basic rights acts as a permanent and grievous irritant for these populations, keeping the
hostilities going unnecessarily. Indonesia asked whether a plan or timetable was being
considered to dismantle the wall, adding that it was important that the many resolutions and the
ruling of the International Court of Justice on the matter be implemented rather than
systematically flouted or disregarded.
77. Argentina, noting that Israel placed a de facto moratorium on the death penalty,
suggested that Israel evaluate the possibility of ratifying the second optional protocol to the
International Covenant on Civil and Political Rights with a view to abolishing the death penalty.
Argentina requested Israel to consider the possibility of signing and ratifying the International
Convention for the Protection of All Persons from Enforced Disappearance and accept the
competence of its Committee.
78. South Africa expressed concern that the national report does not cover the Occupied
Palestinian Territories nor the occupied Syrian Golan. It noted that the State’s position, that its
obligations under international human rights treaties do not apply beyond its own territory, has
no basis in international law. It requested clarification. It noted as commendable the measures
highlighted in the national report on implementing the economic, social and cultural rights of
Israeli citizens, including the right to land and housing. It asked how these can be regarded as
having implemented international human rights treaties if they are in direct contradiction to the
enjoyment of the human rights of Palestinians, especially the right to self-determination and the
right to return. South Africa recommended that the Government take urgent and immediate steps
to end its occupation of all Palestinian and Arab Territories occupied since 1967; implement all
Human Rights Council, General Assembly and Security Council resolutions with regard to the
Occupied Palestinian Territories and other Arab territories; introduce measures to respect the
right of the Palestinian people to self-determination and their right to return; accept its
obligations under international human rights and humanitarian law; cease action that would alter
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the demographic situation of Palestine; dismantle the separation wall; and grant access to safe
drinking water to Syrian citizens living in the occupied Syrian Golan.
79. The Sudan recommended immediately ending the occupations of all Palestinian and Arab
territories occupied since 1967, including Jerusalem and occupied Syrian Golan, and to
recognize and respect the right of the Palestinian people to self-determination and their right to
establish an independent sovereign Palestinian State with Jerusalem as its capital.
80. Brazil took note of the decision of the Israeli Supreme Court on the prohibition of
physical force in interrogations. It acknowledged the special attention in the State’s report to the
challenges faced in combating terrorism and the preservation of the rule of law and the issues of
racism, hate crimes and incitement. It asked Israel to comment on the position of several treaty
bodies, reaffirming that the State’s obligations under each treaty apply to all territories and
populations under its effective control. Brazil asked about the main steps taken in the fulfilment
of the rights of the child, with special attention to the issue of penal age. It asked for comments
on the concerns reported by the Human Rights Committee and the Committee against Torture on
interrogation techniques. Brazil asked for further elaboration on the mention in the national
report that publication of a true and fair report of an act shall not be deemed an offence on
condition that it was not intended to cause racism. Brazil recommended that Israel reach the
human rights goals set by the Council in its resolution 9/12; consider ratifying the Rome Statute
of the International Criminal Court and the Optional Protocol to the Convention against Torture;
consider strengthening the present dialogue and cooperation by issuing a standing invitation to
special procedures; and dismantle the wall in the Occupied Palestinian Territories and refrain
from the expansion of settlements.
81. Malaysia found it unacceptable that the report made no reference to implementation of
treaty body recommendations in ensuring the full enjoyment of rights by peoples under the
State’s occupation. It expressed sadness that, by excluding any reference to the human rights
situation in the Occupied Palestinian Territories, Israel appeared to have turned its review into a
farcical exercise. It recommended, as a matter of urgency and priority, that Israel include in its
next universal periodic review report measures taken to comply with the recommendations of
treaty bodies, especially with regard to the situation of human rights in the territories; recognize
and respect the right of the Palestinian people to self-determination; fully restore the rights and
dignity of the Palestinian people, including their rights to life, to live in dignity, adequate food,
housing, health, education as well as their freedom of movement; and fully implement its
obligations under international law, including international humanitarian law, particularly the
Fourth Geneva Convention of 1949 relating to the treatment of non-combatants in the hands of
an occupying power.
82. Japan welcomed the State’s ongoing efforts, including the work of the Knesset to
establish a constitution that enshrines fundamental human rights for all. It expressed hope that
further action will be taken regarding the State’s commitment to embrace tolerance of other races
and ethnicities, including those who express anti-Semitism. It is of crucial importance to
continue efforts for further integration of non-Jewish citizens into society including by ensuring
equality in access to education, health care and other aspects of social infrastructure. Japan
strongly hoped that Israel will do its utmost to protect children from acts of violence and that all
parties concerned will ensure that citizens enjoy the full range of human rights.
83. Ukraine requested more information on mechanisms such as the Military Ombudsman,
the Ombudsman of the Ministry of Health and the Ombudsman for Children and Youth,
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particularly on the way that their activities are coordinated to avoid duplication or in the case of
multi-sector problems.
84. Romania asked for more information on policies to implement legislation on human
trafficking, prostitution, slavery and child pornography in all its dimensions, including
transnational organized crime. It recommended and hoped that the relationship of the
Government with civil society would intensify. Romania asked for information on the role of the
Authority for the Advancement of Women in the national action plan and in implementing its
cooperation with treaty bodies and special procedures. Romania recommended that Israel
expedite ratification of the Convention on the Rights of Persons with Disabilities so that it may
become effective at the earliest opportunity.
85. Greece asked if the Government envisaged additional measures or strengthening of
existing legislation with a view to the improvement of the status of women in Israeli society.
While fully sharing the Government’s security concerns, Greece asked for elaboration on the
state of emergency regime established in 1948 and under review on an annual basis. It asked if
Israeli authorities had taken into consideration potential negative repercussions of the
continuation of the state of emergency regime on fundamental freedoms. It asked if the
Government had established necessary guarantees for strict implementation of the Basic law:
human dignity and liberty. While noting a High Court of Justice ruling in 2000 that the State
could not discriminate between Arab and Jewish citizens in the allocation of State lands, it
understood that discrimination continued. Greece recommended that the Government take all
necessary measures to reduce the existing situation of discrimination and proceed in the near
future to the equal allocation of lands, irrespective of the nationality of the owners.
86. Guatemala noted the State’s efforts to promote gender equality within the civil service,
but noted also that women continue to be a small minority of high-level civil servants and
recommended that Israel continue and strengthen its efforts to achieve gender equality in
Government and public services at all levels.
87. Tunisia noted that the report prepared by OHCHR showed some of the daily suffering
of the Palestinian people as described by the Special Rapporteur on the situation of human rights
in the Palestinian territories occupied since 1967. It showed that the conditions of detention of
Arab prisoners are in blatant violation of international regulations for the full respect for human
rights and thus of great concern. Tunisia calls upon the Council to remind the Israel authorities of
international obligations, notably its obligations to protect civilians in time of war, as well as
those reflected in the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights, and in international humanitarian law.
88. Azerbaijan recommended that Israel accelerate the process of bringing its national
legislation into compliance with the provisions of the main international instruments to which it
is a party; in line with ongoing work to promote gender equality and eliminate discrimination
against women, redouble efforts to increase women’s representation in society and to join the
Optional Protocol to the Convention for the Elimination of All Forms of Discrimination against
Women; improve and strengthen cooperation with all relevant United Nations special procedures
and mechanisms, inter alia, to improve the enjoyment of human rights by populations in the
Occupied Palestinian Territories and to reverse the dire humanitarian situation there; and honour
its obligations under international humanitarian law with regard to the situation in those
territories. It asked about concrete measures envisaged to allow Palestinians in the occupied
territories to fully enjoy their human rights. It asked about concrete steps to ensure civil society’s
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involvement in the follow-up to the present review and in the elaboration of future reports.
Azerbaijan also asked about steps envisaged to overcome instances of racist violence and crime.
89. The Philippines noted that, under the law, trafficking and slavery crimes do not require
the use of force, coercion, pressure or fraud, because human trafficking should not be condoned
even if victims have “consented”. The Philippines positively noted a special fund for the
rehabilitation and protection of victims of trafficking. Noting that the national report did not
address the situation of migrants, the Philippines requested information on Government policies
with respect to migrants and protection of their rights. It remained concerned about the
humanitarian situation of Palestinians, strongly encouraging Israel to urgently address their
humanitarian needs and increase efforts towards attaining a peaceful and lasting solution in the
Occupied Palestinian Territories. The Philippines recommended that Israel consider the
establishment of an independent national human rights institution.
90. Nigeria recognized the security threats faced by Israel and commended its efforts to
improve the human rights programme. It encouraged Israel to extend protection of all human
rights to all citizens and in the Occupied Palestinian Territories, without discrimination. Nigeria
urged the leadership of Israel and Palestine to commit to a peaceful settlement that would lead to
the independence of Palestine and guarantee the security and existence of the State of Israel,
based on the peace process initiated by the United Nations. Nigeria encouraged Israel to continue
to implement international humanitarian law, taking into account applicable rights, including
equality and non-discrimination, the right to life, liberty and security of the person, freedom of
movement and the recommendations of the special rapporteurs.
91. China noted that, since the continuation of the peace negotiations between Israel and
Palestine and the ceasefire of June 2008, tension in this region has diminished, but the human
rights situation of the Palestinian people remains critical, particularly in the Gaza Strip, where
the closing of ports has prevented humanitarian aid from getting to the population and has thus
made daily living conditions very difficult. China made an appeal to Israel to take positive and
constructive measures in order to effectively reduce the deprivation under which the Palestinian
people are living.
92. Israel expressed appreciation to the representatives who commended its efforts and
progress, specifically with regard to persons with disabilities, women’s rights, children’s rights
and trafficking in persons. Israel indicated it wanted to correct a few misconceptions in a number
of statements. One representative suggested that persons under administrative detention were not
entitled to access to a lawyer; in fact, individuals under administrative detention are entitled to
counsel and the legal representation of their choice.
93. An impression was given in at least one statement that an exit from the Palestinian
territories for humanitarian reasons was not possible. In fact, since the beginning of 2008, over
13,000 ill persons and their escorts have been permitted to leave Gaza into Israel and 135,000
from the West Bank into Israel to receive medical treatment that they would have been unable to
receive in the Palestinian territories.
94. On conditions of detention within Israel, over the past two years, responsibility for all
military prisons has been transferred to the Israel prison service and it outlined provisions for
health care, special detention for prisoners with physical and mental problems and for prisoners
with chronic illnesses, and access to a variety of established complaint mechanisms.
Additionally, official visitors appointed by the Minister for Public Security and comprising
A/HRC/10/76
Page 23
public sector lawyers are allowed to inspect prisons at any time. Israeli prisons and the prison
service are routinely subject to inspections by the State Comptroller.
95. Israel recognized that the process of interrogation must be subjected to scrupulous
regulation and oversight. Following a landmark High Court of Justice ruling in 1999, the use of
torture or any forms of cruel, inhuman and degrading treatment is prohibited in interrogations.
Israeli Security Agency interrogators must operate in accordance with detailed procedures,
setting out permissible interrogation techniques, and are monitored by a complaints inspector,
who operates independently and is also under the instruction and close guidance of a highranking
attorney in the Ministry of Justice. Since October 2000, thousands of investigations have
been conducted, and relatively few complaints have been filed, which if found to be justified,
have resulted in measures against the investigator involved.
96. On the question from Cuba regarding the incident in Beit Hanoun in November 2006,
Israel said the events were the subject of an extensive investigation led by an investigator with
the rank of General and reviewed by the Military Advocate-General, and revealed that the
damage was not intentional and was caused by a severe malfunction. New recommendations and
procedures have been put in place to prevent such a tragedy from recurring.
97. On the question by Slovenia on conscientious objectors, the Supreme Court has affirmed
that, where conscientious objection can be proved and is distinguished from political motivation
or civil disobedience, exemption from army service must be granted.
98. Finally, Greece and Guatemala asked about steps to advance the status of women in
public life. Israel said women’s equality has always clearly been part of public discourse. The
enactment of the Equal Rights of Women Law in 1951, and amendments throughout the years, is
a reflection of the commitment to improve women’s rights. Today, the Speaker of the Knesset,
the President of the Supreme Court, three Government Ministers and five Directors-General in
various Government ministries are women. There are 17 women in the Knesset. Approximately
half of the senior positions in the civil service are held by women and the number of female
judges continues to climb.
99. In his concluding remarks, the Ambassador and Permanent Representative of Israel
expressed his appreciation for the comments, which reflected a thoughtful awareness of the
complexity of many of the subjects. Israel will continue to explore ways to improve its human
rights record, and remains open to dialogue both internally and bilaterally with other States, from
whose experience Israel is pleased to learn.
II. CONCLUSIONS AND/OR RECOMMENDATIONS
100. In the course of the discussion, the following recommendations were made to Israel to:
1. Continue its efforts to overcome constraints and difficulties in order to implement
all human rights and fundamental freedoms for everyone (Burkina Faso); take all
necessary measures to ensure that it fulfils all of its obligations under
international human rights instruments, particularly the International Covenant on
Economic Social and Cultural Rights and the International Covenant on Civil and
Political Rights with regard to the situation in Gaza (Ireland);
2. Evaluate the possibility of ratifying the second optional protocol to the
International Covenant on Civil and Political Rights to abolish the death penalty
A/HRC/10/76
Page 24
(Argentina); consider the possibility of signing and ratifying the International
Convention for the Protection of All Persons from Enforced Disappearance and
accept the competence of its Committee (Argentina, France); ratify the Optional
Protocol to the Convention against Torture (Denmark, Mexico, Brazil), recognize
the competence of the Committee against Torture to examine complaints against
Israel (Denmark) and ratify the Convention on the Rights of Persons with
Disabilities (Mexico, Romania) and the optional protocol thereto (Mexico);
ratify/consider ratifying the Rome Statute of the International Criminal Court
(Jordan, Brazil);
3. Accelerate the process of bringing its national legislation into compliance with the
provisions of the main international instruments to which it is a party
(Azerbaijan);
4. Incorporate the Convention on the Elimination of All Forms of Discrimination
against Women, the International Covenant on Economic, Social and Cultural
Rights and the Convention against Torture into national legislation as soon as
possible (Switzerland);
5. Bring the existing criminal provisions that could be seen as inconsistent with the
Israeli Basic Law on Human Dignity and Liberty and basic human rights law
provisions guaranteeing freedom of speech into conformity with modern human
rights law standards (Norway);
6. Ensure best protection of human rights and follow-up to the implementation of
international instruments (France); establish an independent national human rights
institution in accordance with the Paris Principles (France, Jordan, Philippines);
7. Consider strengthening dialogue and cooperation by issuing a standing invitation
to all special procedures of the Council (Latvia, Jordan, Brazil); reach the human
rights goals set by the Council in its resolution 9/12 (Brazil);
8. Increase efforts to implement the recommendations of treaty bodies and to use the
ongoing negotiations on a new constitution to include general non-discrimination
provisions for all Israeli citizens (Austria); follow-up the recommendations made
by the Committee on the Elimination of Racial Discrimination, the Committee on
Economic, Social and Cultural Rights, the Committee on the Elimination of
Discrimination against Women and the special procedures that visited in
September 2006, in the areas of equality and non-discrimination, paying
particular attention to women and ethnic, national and religious minorities, the
elimination of any distinction, exclusion or preferential treatment among groups
of population in all the territories under State jurisdiction, particularly in the areas
of access to justice, employment, education, health services, property rights,
housing rights, family reunification, freedom of expression, belief and religion
(Mexico);
9. Redouble efforts to increase women’s representation in society and to join the
Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (Azerbaijan); continue and strengthen its efforts to
A/HRC/10/76
Page 25
achieve gender equality in Government and public services at all levels
(Guatemala);
10. Take all necessary measures to reduce the existing situation of discrimination and
proceed in the near future to the equal allocation of lands, irrespective of the
nationality of the owners (Greece);
11. Move towards the formal and final legal abolition of the death penalty (Slovenia);
12. Ensure that human rights defenders are able to carry out their legitimate work in a
secure and free environment (Austria);
13. Respect the principles of the protection of persons subjected to detention or
imprisonment and implement the recommendation of the Committee against
Torture that specific legislation to ban torture be adopted (France); ensure prompt
and impartial investigations of allegations of ill treatment, in accordance with its
obligations under the Convention against Torture (Canada); commit to
implementing the recommendations made after the review of its report submitted
to the Committee against Torture and end physical and mental torture of Arab
prisoners (Syrian Arab Republic); put an end to all forms of torture and other
cruel, inhuman or degrading treatment or punishment, give families the right to
visit detainees in places of detention wherever they are (Yemen); suppress all
decisions allowing the use of torture in accordance with the Convention against
Torture, and refrain from using arbitrary and summary executions (Palestine);
14. Spare no effort to investigate allegations of violence and killings committed by
the police and also ensure that the State, at all levels, fully respects international
human rights standards (Sweden);
15. Take immediate action to ensure all cases are reviewed by a court in accordance
with fair procedures and that the rights of detainees, particularly the right to a fair
trial and family visitations, are upheld (United Kingdom);
16. All detainees be given the reasons for their detention respecting their fundamental
rights during detention (Chile); ensure that prisoners are informed of charges and
evidence against them, have prompt access to counsel of their choice, be charged
with a recognizable criminal offence and be given a fair trail (Canada);
17. Ensure that administrative detention is carried out in accordance with
international human rights standards (Denmark); actively seek to address these
concerns and review the use of administrative detention, which denies people
their rights to liberty, due process and fair trial (Ireland);
18. Put the law on polygamy in effect (Chile);
19. Respect freedom of movement in all territories under State jurisdiction in
conformity with international standards (Mexico);
20. Do not renew the Citizenship and Entry into Israel Law after its expiration in July
2009 and re-examine its scope with a view to respecting the obligation of nonA/
HRC/10/76
Page 26
discrimination (Switzerland); suspend the Citizenship and Entry into Israel Law
(Temporary Order of 31 May 2003) (Holy See);
21. Lift unnecessary restrictions on the granting of visas, in particular multiple entry
visas, to members of the Christian clergy in the exercise of their religious duties
(Italy);
22. Cease imprisoning conscientious objectors and consider granting them the right to
serve instead with a civilian body independent of the military (Slovenia);
23. Refrain from interfering in the affairs of religious institutions, especially with
respect to the rights of ownership and property (Jordan);
24. Implement all international resolutions confirming the need to preserve the
character and characteristics of Jerusalem, not to change its legal status and to
preserve its Islamic and Christian spiritual monuments and symbols (Morocco);
25. Guarantee equitable protection to all places of worship in the country, including
all Muslim and Christian sacred places (Italy); refrain from preventing or
hindering the restoration of Islamic holy shrines by the Waqf (Jordan); stop all
illegal measures aimed at annexing East Jerusalem and at erasing its Arabic,
Christian and Islamic characteristics, and respect religious freedom and the access
to places of worship (Palestine, Pakistan);
26. Ensure access of Bedouin populations to basic public services, such as sanitation,
electricity and water (Canada);
27. Refrain from evicting Arab residents from their homes in Jerusalem (Jordan);
28. Ensure that the rights of minorities are fully protected (United Kingdom);
29. Address the problem of discrimination against minorities and implement the
recommendations made by the Or Commission in 2003 in this regard (Finland);
strengthen efforts to ensure equality in the application of the law, counter
discrimination against persons belonging to all minorities, promote their active
participation in public life, and provide public services and infrastructure fairly
(Canada);
30. Intensify its efforts to ensure that human rights are fully respected in the fight
against terrorism (Sweden); redouble efforts to guarantee the protection of human
rights and fundamental freedoms in the fight against terrorism, paying particular
attention to the recommendations made by the Special Rapporteur on this subject
(Mexico);
31. A sustained improvement of the humanitarian situation in the Palestine territories
can only be achieved by the permanent settlement of the conflict. Encouraged the
international community to continue its efforts to that end; necessary measures
must be taken to ameliorate the living conditions of the Palestine people. Call on
all parties concerned to refrain from any action that could undermine the process
leading to a durable solution (Turkey);
A/HRC/10/76
Page 27
32. Respect its obligations under international human rights and humanitarian law
with respect to the Palestinian people (Maldives); fully respect its human rights
obligations, not only in its own territory, but also in places under its control, such
as the Occupied Palestine Territories, as recalled by treaty bodies and the
International Court of Justice (Switzerland); comply with obligations under
international human rights and humanitarian law, and ensure the rights to health,
education, work and protection of family rights in the West Bank, including East
Jerusalem, the Gaza Strip and the Golan Heights (Canada); honour its obligations
under international humanitarian law with regard to the situation in the Occupied
Palestinian Territories (Azerbaijan); apply international human rights and
humanitarian law in the Occupied Palestinian Territories and the occupied Syrian
Golan (Kuwait); set a clear timetable to commit itself to the principles of human
rights and humanitarian laws in all occupied Arab territories (Syrian Arab
Republic); guarantee the enjoyment of human rights and humanitarian law for
those living in the occupied territories (Chile); respect all United Nations
resolutions and its obligations under international human rights law and
international humanitarian law, with a view to guaranteeing fundamental rights
and freedoms to all Palestinians in the Occupied Palestinian Territories, including
East Jerusalem, by combating all forms of discrimination; and ensure the
enjoyment of the rights of the Palestinian people, inter alia, to housing, education,
health, freedom of expression and freedom of movement (Morocco);
33. Abide by its international obligations, including those under the Fourth Geneva
Convention (Ireland); meet provisions of international humanitarian law,
particularly the Fourth Geneva Convention (Cuba); fully implement its
obligations under international law, including international humanitarian law, in
particular the Fourth Geneva Convention of 1949 relating to treatment of noncombatants
in the hands of the occupying power (Malaysia); respect and ensure
respect of international humanitarian law, particularly the 1949 Geneva
Conventions and the Optional Protocol I thereto, including in the Occupied
Palestine Territories (Mexico);
34. Recognize and respect the right of the Palestinian people to self-determination
(Malaysia, Maldives) and their right to establish an independent sovereign
Palestinian State (Maldives); fully restore the rights and dignity of the Palestinian
people, including their rights to life, to live in dignity, adequate food, housing,
health, education as well as their freedom of movement (Malaysia); grant
Palestinians economic, social and cultural rights as well as civil and political
rights; allow Palestinians to reach places of worship, and protect religious
freedom in accordance with article 27 of the Fourth Geneva Convention, as the
occupying power, and bear its responsibility in this respect; and allow the
international community organizations, particularly ICRC, to ascertain the health
conditions of Arab detainees in Israeli prisons (Bahrain); respect religious and
cultural rights of the Palestinian people in the Occupied Palestinian Territories,
including Jerusalem, in accordance with Council resolution 6/19 (Syrian Arab
Republic); end the occupation of the Occupied Palestinian Territories and other
Arab territories occupied since 1967, including Jerusalem and the Syrian Golan
(Egypt, Kuwait, Cuba); end Israeli violations in the Occupied Syrian Golan
(Kuwait); end the occupation of all Palestinian and Arab territories occupied,
including Jerusalem (Yemen, Maldives, Jordan, Palestine, Pakistan); and
A/HRC/10/76
Page 28
withdraw from all the territories since 5 June 1967 (Jordan); respect the
inalienable rights of Palestinians and end all occupation of occupied Arab
territories (Saudi Arabia); end the occupation of all Palestinian and Arab
territories occupied since 1967, including Jerusalem and occupied Syrian Golan,
and recognize and respect the right of the Palestinian people to self-determination
and their right to establish an independent sovereign Palestinian State with
Jerusalem as its capital (Sudan); in the light of the concerns expressed by the
Special Committee to Investigate Israeli Practices in the Occupied Territories, the
Special Rapporteur on human rights and counter-terrorism and the High
Commissioner for Human Rights regarding the continued deterioration of human
rights and the humanitarian situation in the Occupied Palestinian Territory
emanating from, among others, the construction of the security wall, address the
violations immediately, including through the cessation of the occupation
(Democratic People’s Republic of Korea); respect the right of the Palestinians to
self-determination and the establishment of their independent State with
Jerusalem as its capital (Egypt, Kuwait, Palestine), as stipulated in various
international treaties (Palestine, Pakistan);
35. Acknowledge/recognize, accept and fully implement the advisory opinion of the
International Court of Justice on the wall (Egypt, Maldives, Jordan, Palestine,
Pakistan) that Israel immediately cease work on the construction of the wall being
built in the Occupied Palestinian Territories, and begin dismantling it (Maldives);
end construction of, and dismantle the already built, illegal separation wall
(Cuba); dismantle the wall in the Occupied Palestinian Territories and refrain
from expansion of settlements (Brazil); dismantle the separation wall (South
Africa).
36. Take urgent and immediate steps to end its occupation of all Palestinian and Arab
territories occupied since 1967; implement all Human Rights Council, General
Assembly and Security Council resolutions on the Occupied Palestinian
Territories and other Arab territories; introduce measures to respect the right of
the Palestinian people to self-determination and their right to return; accept its
obligations under international human rights and humanitarian law; cease action
that would alter the demographic situation of Palestine; and grant access to safe
drinking water to Syrian citizens living in the occupied Syrian Golan (South
Africa);
37. Develop mechanisms for overseeing the implementation of the Convention of the
Rights of the Child in the West Bank and Gaza (Slovenia); apply the definition of
a child as a person under 18 also in the Palestinian territories, in line with article 1
of the Convention on the Rights of the Child (Italy);
38. Immediately cease its military operations in the Occupied Palestinian Territories
and lift the closure and seizure it imposes on the Gaza Strip (Egypt); end military
attacks against the civilian Palestinian population (Cuba); ensure safe and
unhindered access to all humanitarian personnel and humanitarian assistance to
the civilian population, and most importantly refrain from imposing blockades on
the Gaza Strip (Jordan); refrain from subjecting the civilian population to
collective punishment (Jordan); ensure the protection and welfare of civilians in
the Occupied Palestinian Territories (Jordan); end collective punishment in the
A/HRC/10/76
Page 29
Occupied Palestinian Territories, in particular in the Gaza Strip (Palestine,
Pakistan);
39. End all settlement activities in the Occupied Palestinian Territories, in particular
in and around occupied Jerusalem (Egypt); stop the policy of colonization through
illegal settlement (Cuba); annul its illegitimate decision to annex the occupied
Syrian Golan and end all settlement activities therein (Egypt); cease immediately
the expansion of settlements and the operations of destruction, inter alia, in East
Jerusalem of houses belonging to Palestinian families (Switzerland); stop all
settlement activities (Jordan); end all construction in the Occupied Palestinian
Territories and the destruction of natural and agricultural resources of the
Palestinian people (Palestine, Pakistan);
40. Improve and strengthen cooperation with all relevant United Nations special
procedures and mechanisms to, inter alia, improve the enjoyment of human rights
by populations in the Occupied Palestinian Territories and to reverse the dire
humanitarian situation there (Azerbaijan);
41. Fully and immediately implement all Council resolutions (Qatar, Kuwait,
Maldives, Palestine, Pakistan) in relation to the situation of human rights in the
occupied territories (Maldives) and respect the human rights and fundamental
freedoms of the Palestinian people, in particular their right to self-determination
(Qatar); implement all resolutions adopted by the Council, in particular resolution
7/18, in which the Council requested Israel to cooperate with the Special
Rapporteur on the human rights situation in the Palestinian territories occupied
since 1967 and to immediately withdraw all legislative and administrative
measures aiming at making the occupied East Jerusalem Jewish, including
measures that allow archaeological digging around the Aqsa Mosque, the building
of a synagogue, the establishment and expansion of settlements and the shutting
down of Palestinian institutions (Morocco); implement the recommendations of
the Council (Kuwait, Palestine, Pakistan) and special procedures, particularly the
Special Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967 and the Special Committee on Israeli Practices in the
Occupied Palestinian Territories (Palestine, Pakistan); endorse the
recommendations of the Special Rapporteur on the situation of human rights
defenders (Pakistan);
42. Ensure prompt investigation into allegations of and bring to justice those
committing attacks against Palestinian human rights defenders (Denmark); issue a
directive to the military with a view to expanding the category of “humanitarian
exceptions” to permit human rights defenders to enter and leave Gaza for their
work (Norway);
43. Immediately release all Palestinian, Syrian and other Arab prisoners and detainees
(Egypt); release all Palestinian and Syrian detainees and put an end to all the
practices that seek to modify the demographic composition and architecture of
Jerusalem and the Syrian Golan (Qatar); free all Palestinians, Syrian and Arab
detainees, including women, children and journalists, and allow international
organizations, including ICRC, to visit these detainees and examine their situation
in all Israeli prisons to ensure that detention conditions conform to minimum
A/HRC/10/76
Page 30
standards (Yemen); commit itself to releasing all Arab prisoners and detainees in
Israeli prisons imprisoned for years without trial; enable ICRC to provide for
needs and health care in conformity with Council resolution 7/30, as the state of
health is deteriorating on an ongoing basis (Syrian Arab Republic); ensure the
release of all prisoners and administrative detainees (Palestine, Pakistan);
44. Refrain from subjecting the civilian population to collective punishment (Jordan);
45. Establish a separate juvenile justice system to try accused Palestinian children
(Slovenia);
46. Guarantee access and freedom of movement to the inhabitants of Gaza and the
West Bank notwithstanding the necessary security measures (Netherlands); limit
the cases in which restrictions to free movement are applied to situations that
require guaranteeing its security, in accordance with international law, in
particular with the International Covenant on Civil and Political Rights, nondiscriminative
and proportionate to the desired aim (Belgium);
47. Expeditiously open crossing points and checkpoints (Qatar); lift blockades in the
Gaza Strip and remove restrictions of movement currently placed in the Occupied
Palestine Territories that gravely harm the human rights of Palestinians
(Switzerland); reopen points of passage to and from the Gaza Strip (France); end
the blockade in the Gaza Strip and guarantee full access of the Palestinian
population to all basic services (Cuba); lift all military checkpoints and end all
restrictions on the rights of Palestinians to movement and their rights to health
and education (Palestine, Pakistan); ensure more freedom of movement for the
Palestinians in the West Bank and particularly Gaza in order to assure adequate
standards of living of the Palestinian people and improve their access to health,
education and work (Italy); open crossing points (Yemen);
48. Ensure the enjoyment by the Palestinians of all their cultural and religious rights,
as contained in the Universal Declaration for Human Rights, and allow them to
have access to all places of worship, in accordance with the Fourth Geneva
Convention, without any restriction, and in order to preserve the cultural heritage,
take all measures to protect these places and preserve their dignity (Morocco);
take positive and constructive measures in order to effectively reduce the
deprivation under which the Palestinian people are living (China); take action to
ensure that Palestinians are fully able to enjoy their economic, social and cultural
rights (United Kingdom);
49. Ensure access to religious sites, especially in the Holy City of Jerusalem, and
abolish all restrictions imposed on the right to freedom of movement and the right
to manifest one’s religion; ensure the preservation of the cultural and religious
heritage in the Occupied Palestinian Territories, particularly in Jerusalem, and
refrain from any actions that aim at changing the character and/or status of these
sites (Jordan);
50. Progressively remove restrictions that prevent Palestinian children from having
access to basic services, including schools and health care (Italy);
A/HRC/10/76
Page 31
51. Respect the right of Palestinian refugees to return to their homelands and to be
compensated for losses and damages incurred and to retrieve their properties
(Egypt, Jordan), in accordance with relevant United Nations resolutions and
international law (Jordan); acknowledge the right of refugees to return to their
homes, according to the Fourth Geneva Convention (Palestine, Pakistan);
52. Submit a report on the situation of human rights in the Occupied Palestinian
Territories since Israel is in charge as the occupying power (Palestine, Pakistan);
Follow-up to the universal periodic review
53. Include in its next review report measures taken to comply with the
recommendations of treaty bodies, especially with regard to the situation of
human rights in the Occupied Palestinian Territories (Malaysia);
54. Engage with civil society in the follow-up to and implementation of the universal
periodic review process (United Kingdom).
101. The response of Israel to these recommendations will be included in the outcome report
to be adopted by the Council at its tenth session.
102. All conclusions and/or recommendations contained in the present report reflect the
position of the submitting State(s) and /or the State under review thereon. They should not be
construed as endorsed by the Working Group as a whole.
A/HRC/10/76
Page 32
Annex
COMPOSITION OF THE DELEGATION
The delegation of Israel was headed by H.E. Aharon Leshno-Yaar, Ambassador and
Permanent Representative of Israel to the United Nations Office at Geneva and composed of
eight members:
Advocate Malkiel Blass, Deputy Attorney General (Legal Counseling), Ministry of
Justice;
Advocate Daniel Taub, Senior Deputy Legal Adviser, Ministry of Foreign Affairs;
Advocate Ady Schonmann, Deputy Head of the International Law Department, Ministry
of Foreign Affairs;
Advocate Hila Tene, Acting Director (Human Rights/Liaison with International
Organizations), Department of International Agreements and Litigation, Ministry of
Justice;
Advocate Michal Michlin-Friedlander, Senior Deputy State Attorney, High Court of
Justice Department, Ministry of Justice;
Mr. Walid Abu-Haya, First Secretary, Human Rights and Humanitarian Affairs,
Permanent Mission of Israel, Geneva;
Ms. Hilary Stauffer, Adviser, Human Rights and Humanitarian Affairs, Permanent
Mission of Israel, Geneva.
-----
GE.09-17451 (E) 020210
Human Rights Council
Tenth session
Agenda item 1
Organizational and procedural matters
2–27 March 2009
Report of the Human Rights Council on its tenth
session
Vice-President and Rapporteur: Mr. Elchin Amirbayov (Azerbaijan)
United Nations A/HRC/10/29
General Assembly Distr.: General
9 November 2009
Original: English
Plesse recycle@
A/HRC/10/29
GE.09-17451 83
issues that were not sufficiently addressed during the interactive dialogue in the Working
Group (A/HRC/10/29, chap. VI).
30th meeting
19 March 2009
[Adopted without a vote. See part II, chap. VI.]
10/112
Outcome of the universal periodic review: Israel
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006 and Council resolution 5/1 of 18 June 2007, and in
accordance with President’s statement PRST/8/1 on the modalities and practices for the
universal periodic review process of 9 April 2008,
Having conducted the review of Israel on 4 December 2008 in conformity with all
the relevant provisions contained in Council resolution 5/1,
Adopts the outcome of the universal periodic review on Israel which is constituted of
the report of the Working Group on the review of Israel (A/HRC/10/76), together with the
views of Israel concerning the recommendations and/or conclusions, as well as its voluntary
commitments and its replies presented before the adoption of the outcome by the plenary to
questions or issues that were not sufficiently addressed during the interactive dialogue in
the Working Group (A/HRC/10/29, chap. VI).
31st meeting
20 March 2009
[Adopted without a vote. See part II, chap. VI.]
10/113
Outcome of the universal periodic review: Cape Verde
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006 and Council resolution 5/1 of 18 June 2007, and in
accordance with President’s statement PRST/8/1 on the modalities and practices for the
universal periodic review process of 9 April 2008,
Having conducted the review of Cape Verde on 10 December 2008 in conformity
with all the relevant provisions contained in Council resolution 5/1,
Adopts the outcome of the universal periodic review on Cape Verde which is
constituted of the report of the Working Group on the review of Cape Verde
(A/HRC/10/81), together with the views of Cape Verde concerning the recommendations
and/or conclusions, as well as its voluntary commitments and its replies presented before
the adoption of the outcome by the plenary to questions or issues that were not sufficiently
addressed during the interactive dialogue in the Working Group (A/HRC/10/29, chap. VI).
31st meeting
20 March 2009
[Adopted without a vote. See part II, chap. VI.]
GE.13-18271
Human Rights Council
Working Group on the Universal Periodic Review
Seventeenth session
Geneva, 21 October–1 November 2013
National report submitted in accordance with
paragraph 5 of the annex to Human Rights
Council resolution 16/21*
Israel
* The present document has been reproduced as received. Its content does not imply the expression of
any opinion whatsoever on the part of the Secretariat of the United Nations.
United Nations A/HRC/WG.6/17/ISR/1
General Assembly Distr.: General
28 October 2013
English only
Please recycle@
A/HRC/WG.6/17/ISR/1
2
I. Methodology and consultation process
1. The Report of the State of Israel was prepared in line with guidelines set out in
Resolution 16/21 (A/HRC/RES/16/21) and its Annex, and Decision 17/119
(A/HRC/DEC/17/119) of the UN Human Rights Council. The report is based on the results
of consultations between a wide range of government ministries and agencies.
II. Normative and institutional developments
A. International instruments
2. Further to Recommendation 2 (Mexico, Romania), on 28 September 2012 Israel
ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) marking the
successful end of a lengthy process of internal discussions.
3. The ratification signifies another milestone in the promotion of disability rights
agenda in Israel throughout the last decade, which started with the Israeli Equal Rights for
Persons with Disabilities Law 5758-1998 and continued with the establishment of the
Commission for Equal Rights of Persons with Disabilities in August, 2000.
4. In order to enforce and enhance accessibility compliance, an Inspection Department
was established in 2008 under the auspices of the Commission for Equal Rights of Persons
with Disabilities. This department currently employs nine inspectors, acting mainly in the
fields of public transportation, telecommunication and planning and building. The
Commission also employs four attorneys in its legal department and a fifth attorney who
handles accessibility queries.
5. Since the submission of Israel's 2008 UPR national report, Israel has enacted an
additional 9 sets of regulations mandating accessibility to all existing and new public
buildings and services. Another set of regulations mandating accessibility to other public
places such as beaches, parks, zoos and graveyards was finalized in Sept. 2013. Largely due
to the enforcement efforts of the Commission and the courts, significant achievements may
be noted:
(a) 70% of municipal buses in Israel are now accessible to people with sight,
hearing, cognitive and mobility disabilities. This accessibility includes vocal announcement
of bus stops, ramps, accessible signage, and wheelchair fastening belts.
(b) 60% of municipal bus stops, train stations and airports countrywide are
accessible to persons with mobility disabilities.
(c) The Commission has informed all planning and building committees in Israel
about their duties under the accessibility laws and regulations. Sample inspections have
shown that, currently the committees have complied with the accessibility laws in about
half of the cases.
(d) All major cell phone and telecommunications companies now offer
disability-accessible phones, as well as telecommunications relay services for persons with
hearing disabilities.
(e) The National Insurance Law (Amendment no. 109) 5768-2008 enables
persons with disabilities to earn a monthly salary relative to their level of disability, without
having to forgo their disability benefit, thus creating a powerful incentive to reenter the
work force.
A/HRC/WG.6/17/ISR/1
3
6. In addition to the aforementioned information, in 2012, the Civil Service had
designated for the first time 90 positions for persons with disabilities, for the first time. A
circular regarding these positions was disseminated to all Government Ministries. This was
done in order to better integrate persons with disabilities in the labour market.
7. Israel's Commissioner for Equal Rights of Persons with Disabilities, Mr. Ahiya
Kamara, was elected in September 2012 to the General Assembly to the Bureau of the
Committee on the Rights of Persons with Disabilities for a term of two years. Israel has
been involved in organizing side events, with the help of Israeli NGOs and human rights
organizations, during recent annual sessions of the Conference of State Parties to CRPD.
Two examples of such events are "Access to Justice in the Criminal System for Persons
with Disabilities", together with the Israeli Bizchut, The Israeli Human Rights Center for
People with Disabilities (13.9.2012); and "Persons with Disabilities' role in Developing
Accessible Environments", with the International Disability Alliance (17.7.2013).
8. MASHAV - Israel’s Agency for International Development Cooperation at the
Ministry of Foreign Affairs was involved in sharing Israel's knowledge and expertise on
issues pertaining to persons with disabilities. In 2010-2011 MASHAV organized several
workshops on equal educational opportunities for preschoolers with special need for Latin
American decision makers and NGOs. Similarly, in 2011-2012 MASHAV worked in
cooperation with the U.N. Economic Commission for Europe and INAPAM (Instituto
Nacional de las Personas Adultas Mayores), the umbrella organization for older people in
Mexico, to focus on the special needs of the elderly and disabled within the community.
B. Engagement and dialogue on human rights issues with International
Bodies and NGOs
9. Further to Recommendations 7, 40 (Latvia, Jordan, Brazil, Azerbaijan), Israel
has been regularly subject to significant, and often politically motivated scrutiny over the
years, disproportional to the international attention received by other world regions.
Nevertheless, Israel regularly cooperates with various international and domestic bodies
and NGOs that deal with human rights issues. Israel complies with requests for dialogue as
an expression of its appreciation for transparency and dialogue in a democratic society.
This includes intensive relations with a variety of human rights bodies, compilation of
detailed State reports and interactive dialogues with high ranking delegations who visit
Israel. In 2008-2013 Israel was visited by a number of UNHRC Special Rapporteurs
including the Special Rapporteur on Adequate Housing (30.1–12.2.2012); the Special
Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and
Expression (6-18.11.2011); and The Special Rapporteur on Freedom of Religion or Belief
(20–27.1.2008). Israel also hosted visits by the Special Representative for Children and
Armed Conflict (2–6.2.2009) and by the Program Officer in the Office of the Special
Representative for Secretary General for Children and Armed Conflict (14–16.1.2013).
10. Israel is making genuine efforts to involve civil society in the process of articulating
its periodic reports to all human rights treaty bodies. In addition to letters that are sent out
to all the relevant Ministries and Governmental bodies, letters are also sent out to the
relevant and leading NGOs, inviting them to submit comments prior to the compilation of
the report through direct application, Moreover a general invitation to submit remarks is
posted on the Ministry of Justice web site.
11. Israel is one of four states representing WEOG in the NGO Committee for two
consecutive terms. Mission member, Mr. Yoni Ish Hurwitz, served as the 2012 Vice Chair
and Rapporteur of the Committee on behalf of WEOG. During this period, Israel has helped
NGOs from various countries receive “ECOSOC consultative status.” One key area of
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focus has been promoting the inclusion of LGBT organizations. In May 2013, together with
the US, Belgium and Bulgaria, we successfully lobbied for two LGBT organizations from
Austria and Australia to receive ECOSOC consultative status.
12. Since 2012, Government representatives participate in a project initiated by the
Minerva Center for Human Rights at the Hebrew University of Jerusalem's Faculty of Law,
with the aim of improving the cooperation between State authorities and civil society
organizations in the working process of reporting to the UN human rights treaty bodies.
Although civil society has always been invited to submit information in the process of
preparing reports to treaty bodies, this innovative enhanced dialogue is the first of its kind
in Israel. The first part of the project entailed creating a joint forum, attended by
representatives of various state authorities, scholars and representatives of civil society
organizations, which conducts an ongoing symposium to improve the cooperation between
the parties in composing State reports that are submitted to these committees. The second
stage includes inviting the civil society organizations participating in the project to
comment on the State's draft report prior to its submission to the Committee. The first
report that was chosen for this project is the 4th Periodic Report by the State of Israel to the
ICCPR Committee. The overarching purpose of the project is to increase civil society's
involvement in the process of forming the reports, and ultimately to enhance cooperation in
implementing those human rights conventions in Israel.
13. In 2012, the concluding observations relating to Israel by the various human rights
treaty bodies from 2007 onwards were translated to Hebrew and published on the Ministry
of Justice website. Where available, links to UN translation into Arabic of these concluding
observations were also published.
14. Human rights are given an additional valuable form, and are further entrenched into
domestic law, by the Israeli Supreme Court. The Supreme Court has relied in a number of
landmark cases on international human rights law, including citing international and
regional human rights treaties and their interpretation by treaty bodies. Such cases include
H.C.J. 5373/08 Abu Libdeh et. al. v. The Minister of Education (6.2.2011) (the right to
education); H.C.J. 10662/04 Salah Hassan v. The National Insurance Institute (NII)
(28.2.2012) (the contours of social and economic rights, primarily the right to a minimum
standard of living); H.C.J. 7426/08 Tabeka v. The Minister of Education et. al. (31.8.2010)
(the freedom from discrimination in education); H.C.J. 1181/03 Bar Ilan University v. The
National Labour Court (28.4.2011) (the right to unionize and retirement rights); and H.C.J.
11437/05 Kav-Laoved v. The Ministry of Interior (13.4.2011) (rights of women migrant
workers).
15. Further to Recommendation 12 (Austria), the State of Israel places no specific
restrictions on the right of organizations to engage in activities for the promotion and
observance of human rights. For legal purposes, these organizations are indistinguishable
from any other organization: to the extent that they are registered as associations, they must
comply with applicable law; in every other sense, human rights defenders fully enjoy the
freedom to associate and to pursue their various aims. There are nearly 15,000 Israeli
registered organizations working freely and fruitfully in the promotion of all human rights
including gender equality, sustainable development, health, welfare, and education. It is
worth noting that virtually any person or group who claims an interest may petition either
an Administrative Court, or Israel's highest civil instance, the Supreme Court residing as
the High Court of Justice, including the residents of the West Bank and the Gaza Strip and
any NGO. The organizations' complete access to the Courts has proven highly effective in
guaranteeing human rights promotion and protection.
16. Further to Recommendations 3, 6 (Azerbaijan, France), in 2001 Israel
established a joint inter-ministerial committee, headed by the Deputy Attorney General
(Legal Advice), for reviewing and implementing concluding observations of human rights
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treaty bodies. This inter-ministerial team meets periodically and has promoted several
significant changes in regard to various human rights issues.
C. Newly established institutions for protection and promotion of human
rights
17. The Freedom of Information Unit – established within the Ministry of Justice, by
Government Resolution no. 2950 of March 6, 2011. The establishment of a central unit
aimed at promoting transparency is an expression of Israel's adherence to the value of open
governance. The principle of transparency and the right of citizens to obtain information
from government authorities has been enshrined in case law since the mid 1960's. The Unit
constitutes a center of professional knowledge in the field of freedom of information and
gathers relevant information, conducts public awareness campaigns and trains civil servants
and other public employees. The Unit's primary role is to manage the work of freedom of
information officers in the various Government Ministries and handle public complaints
concerning freedom of information in the various Ministries as well as rectifying the errors
discovered in the process. The Unit submits annual reports to the Government on the
compliance of Israeli Ministries and other authorities with the provisions of the law. The
first report was submitted in May 2013. The Courts have also played a key role in
developing the freedom of information in Israel. In August 2012 the Supreme Court
accepted an appeal by the NGO, Movement for Freedom of Information in Israel to publish
the results of national assessment scores of elementary and middle school students. The
former Deputy President of the Supreme Court, Justice Eliezer Rivlin, emphasized:
"Information is the property of the public held in trust by the authorities, so that the
authorities cannot decide for the public if exposure to said information would benefit
them… A Government which takes the liberty to determine what is best for its citizens to
know will end up deciding what is best for its citizens to think - and nothing contradicts
true democracy more than this." (A.A. 1245/12 The Movement for Freedom of Information
v. The Ministry of Education (23.8.2012)).
18. The Inspector for Complaints Against the Israel Security Agency (ISA)
Interrogators – Following comprehensive deliberations, the Attorney General announced
in November 2010, that the Inspector for Complaints against ISA Interrogators, which has
been an administrative part of the Israel Security Agency, would become part of the
Ministry of Justice and be subordinated - administratively and organizationally - to the
Director General of the Ministry of Justice, as an external inspector. Israel is pleased to
announce that the procedure of transferring the Inspector to the Ministry of Justice is
nearing completion. In June 2013, Colonel (Ret.) Jana Modzgvrishvily was chosen to serve
as the Inspector. Following this nomination, the Ministry of Justice is operating to create
the additional required positions. Following the completion of the manning of these
positions, the unit in the ISA will be dispersed.
19. Witness Protection Authority – established in 2008 within the Ministry of Public
Security, pursuant to the Witness Protection Program Law 5769-2008. The Authority
protects witnesses and their families prior to, during and after trial. The Authority is
responsible for formulating policies for the protection of witnesses at risk, setting criteria
for assessing threats and developing tools to protect witnesses based on those assessments.
The Authority is also responsible for initiating relevant legislation and promoting
international cooperation with foreign States. In April 2010, the Authority completed its
initial phase of deployment and now has more than a dozen witnesses under its protection.
Witnesses who do not meet the criteria for this heightened protection by the Authority are
still provided protection by the Police or the Israeli Prisons Service (IPS).
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20. National Council for Nutrition Security – established in 2011 within the Ministry
of Social Affairs and Social Services, and tasked with the promotion and implementation of
a national nutrition security plan for the Israeli population. The Council is chaired by Prof.
Dov Chernichovsky, a professor of health economics and policy at Ben-Gurion University.
The Government of Israel has allocated NIS 200 Million ($56 Million) for nutrition security
which will be distributed based on the recommendations of the Council scheduled to be
published in 2014.
III. Promotion and protection of human rights – progress and
best practices
A. Gender based equality
21. Further to Recommendation 9 (Azerbaijan, Guatemala) Israel has been
committed to gender equality ever since its establishment, and continues to promote and
aspire to full and real equality in all aspects of life. While Israel, like many societies faces
real challenges on gender equality issues, major progress has been made in recent years
towards gender equality in the workplace and appropriate representation of women.
22. The Knesset enacted the Expansion of the Appropriate Representation of Women
Law (Legislative Amendments) 5771-2011 which obligates appropriate representation for
women in inquiry commissions and national examination committees. According to the
new Lawthe Authority for the Advancement of the Status of Women in the Prime Minister
Office (the "Authority") will establish a list of women who are suitable and qualified
applicants to take part in such committees. According to Section 3(4)(3) to the amendment,
a woman who consider herself as suitable to be included in the Authority's list may apply to
the Authority in order to be included, specifying her education, experience and training.
23. With the establishment of the 19th Knesset in February 2013, the percentage of
female MK's increased from 19% to 22.5%. There are four female Ministers in Israel's new
government, an increase from 9.7% (in the former Government) to 18%. There has been a
significant increase of women in Israel's civil service. Currently, women comprise 64% of
all civil servants. As of 2011, the percentage of women in high ranking positions in the civil
service has risen to 32.6%. In government corporations, the percentage of female directors
was 39% in 2011 and by the end of 2012 women comprised 42% of the directorates.
24. Israel's Supreme Court ruled in 2012 that according to the Equal Pay Law 5756-
1996, once a female employee proved that her salary was significantly lower than that of a
male employee performing the same task, the burden of proof shifts to the employer to
prove that the difference in salary could be justified. If the employer fails to justify such
difference a prima facie case of gender discrimination would be established. The former
President of the Supreme Court, Dorit Beinisch determined: "The principle of equality and
the prohibition against discrimination are essential principles in our legal system and serve
as a prerequisite for any democracy based on fairness and justice." (H.C.J. 1758/11 Orit
Goren et. al. v. Home Center (Do It Yourself) Ltd., et. al. (17.5.2012)).
25. One of Israel's challenges in the area of gender based equality has been recent
attempts by some groups to exclude women from the public sphere, within certain religious
communities. The Government in December 2011 formed an inter-ministerial team whose
task was to recommend various solutions for this problem. In close proximity, on January 5,
2012, the Attorney General appointed a team headed by the Deputy Attorney General
(Civilian Affairs), to examine the legal aspects and ramifications of marginalization of
women from the public sphere. The inter-ministerial team concluded its work and reported
its recommendations to the Government on March 11, 2012. The Ministry of Justice's team
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submitted its own report to the Attorney General in March 2013 and in a meeting held on
May 6, 2013, the Attorney General decided to adopt the team's recommendations urging
local authorities to act swiftly and without delay to end all expressions of exclusion of
women as they manifest in their respective jurisdictions. The work of both teams and other
Israeli authorities has shown significant progress in a number of fields:
(a) The Attorney General ruled illegal the policy practiced by the Jerusalembased
ultra-orthodox radio station Kol Barama, which bars songs performed by women
from its playlist and will not hire women as on-air presenters. The attorney General ordered
the Second Television and Radio Authority, which has jurisdiction over local media
stations, to end its negotiations with the radio station on the matter within six months,
further stating that unless Kol Barama ends its discrimination against women, it will be
taken off the air;
(b) Following some incidents of separation of women and men during funerals,
the Director-General of the Ministry of Religious Services published in March 2012 a
memorandum emphasizing the illegality of coercing gender separation in cemeteries,
including the ban placed on women delivering a eulogy;
(c) Following a Supreme Court judgment from January 2011, all buses now
include signs clarifying each passenger's right to sit wherever he/she wishes and that
harassing a passenger in this regard may constitute a criminal offence (H.C.J. 746/07
Naomi Ragen et. al. v. The Ministry of Transport and Road Safety et. al. (5.1.2011)).
26. A very recent and significant example of the prominent role played by the Israeli
judiciary in safeguarding women's rights and the rule of law is the conviction of the then
incumbent President of the State of Israel, Moshe Katzav, of committing serious sex
offences. On 30 December 2010, the Tel Aviv District Court found Mr. Katzav guilty of
several serious sex offences, including rape. (S.Cr.C 1015/09 The State of Israel v. Moshe
Katzav (30.12.10)). On March 22, 2011, the Court sentenced Mr. Katzav to seven years
imprisonment, two years suspended imprisonment and compensation in the amount of
125,000 to his victims. In May 2011, Mr. Katzav appealed against his conviction and
sentence and on November 10, 2011, the Supreme Court unanimously rejected his appeal.
B. Minority rights
27. Further to Recommendations 28, 29 (United Kingdom, Finland, Canada), Israel
sees it as a national priority to increase equality between different communities in its
diverse population. As noted by Israel in its first UPR presentation this challenge receives
continued attention. In recent years, Israel has adopted long term programs, the total cost of
which surpasses NIS 3 Billion ($831.4 Million).
28. Public Representation: Since 1994, the Government has been taking affirmative
action measures to enhance the integration of Arab, Bedouin, Druze and Circassian
populations into the Civil Service, including issuing legislative amendments and publishing
tenders for mid-level positions solely to members of minority communities. Data indicates
a steady increase in the rates of Arab, Druze and Circassian employees in the Civil Service.
In December 2012, 8.4% of all the Civil Service employees were Arabs, including
Bedouins, Druze and Circassians in comparison to 6.17% in 2007, 6.67% in 2008, 6.97% in
2009 and 7.52% in 2010. The number of Arab and Druze women employed in the Civil
Service has also significantly increased in recent years. In 2011, there has been an increase
of 30.6% in the rate of Arab and Druze women employed in the Civil Service in
comparison to 2008.
29. The Knesset enacted the Expansion of Adequate Representation for Persons of the
Ethiopian Community in the Civil Service (Legislative Amendments) Law 5772-2011 and
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the Expansion of Adequate Representation for Persons of the Druze Community in the Civil
Service (Legislative Amendments) Law 5772-2012. These laws dramatically expand the
affirmative action scheme applicable to persons of the Druze community and individuals
who were born in Ethiopia or who have at least one parent born in Ethiopia. The new
legislation requires Government Ministries and agencies, government corporations with
more than 50 employees, and municipalities to apply the law regarding hiring for all
positions and ranks. Furthermore Government Resolution 2506 from November 2010
which designated 30 positions (13 of which are new positions) in the Civil Service to
persons from the Ethiopian population will be implemented during 2013. Currently the
Ethiopian population constituted 1.5% of the Israeli population which actually closely
parallels its representation in the Civil Service.
30. Economic, Social and Cultural Programs for the Arab Community –
(a) The Authority for the Economic Development of the Arab, Druze and
Circassian populations within the Ministry of the Economy, created in 2011 a program
aimed at the development of industrial zones in the Arab population. The program is
expected to increase employment opportunities in 13 Arab communities and villages. In
some of the towns new industrial zones were established and in others existing industrial
zones were expanded and upgraded. The budget for the five year program is NIS 81.5
Million ($22 Million). An additional NIS 15 Million ($4 Million) will be used for the
establishment of regional financial companies.
(b) A professional team was established in 2011 to examine barriers to broader
participation by the Arab population in higher education. The team issued an interim report
that included recommendations for a holistic support system, including establishing a
national center for information, strengthening pre-academic preparatory programs,
strengthening assistance to the Arab population during academic studies and supporting
programs to reduce student dropout from academic institutions. To implement the
recommendations NIS 305 Million ($84.53 Million) has been allocated for a five-year
period.
(c) The Government approved in September 2010 Resolution no. 2289 which
introduced a multi-year plan for the integration of women of minority populations in higher
education institutions. The Authority for Economic Development of the Arab Localities,
including Druze and Circassian was tasked with the execution of this plan with a budget of
NIS 4 Million ($1.14 Million). The plan, intended for up to 500 Arab girls, includes
preparations for entry examinations for higher institutions, strengthening English and
Hebrew language skills, creation of support groups, and employment guidance workshops
at the end of the studies.
(d) The Ministry of Culture initiated and funded in 2008 the establishment of a
new museum dedicated to the Arab culture. The Ministry allocated NIS 600,000 ($162,000)
for the purpose of acquiring the collection of the museum, which will be based in Um Al-
Fahm, and for locating additional contributors.
31. Economic, Social and Cultural Programs for the Druze and Circassian
Communities –
(a) Government Resolution no. 2861 of February 2011 launched a
comprehensive four-year program (2011-2014) for the promotion of economic
development and advancement of the Druze and Circassian populations. The
program aims at investing primarily in employment, education, infrastructure and
transportation. The Program's total budget is NIS 680 Million ($184 Million).
(b) The Knesset enacted in 2007 the Druze Cultural Heritage Center Law 5767-
2007 aimed at facilitating the establishment of a Druze Cultural Heritage Center. The
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Center, which location and structure are still under development, will promote research and
organize educational programs. It will also coordinate different activities including tours,
lectures, conferences and exhibitions geared towards developing, enriching and promoting
knowledge relating to the different aspects of the Druze culture, history and heritage.
32. Economic, Social and Cultural Programs for the Ethiopian Community –
(a) The Government approved Resolution 4624 in May 2012 "Improvement of
the Absorption of Persons from Ethiopia". Additional support and budgets will be allocated
to assist the Ethiopian population in housing, employment, adequate representation in the
Civil Service, awareness raising and increasing access to religious services.
(b) The Knesset enacted in April 2012, the Ethiopian Jewish Community
Heritage Center Law 5772-2012, aimed at establishing a center for research and
commemoration of the Ethiopian community's heritage and an archive. The center will
collect and map archive materials concerning the Ethiopian community and will centralize
research activities concerning this community. The Law established the Center's Council,
which is composed of 13 members, at least one third of which are required to be of
Ethiopian origin or their descendants. As of June 2013, the Center's Council is in advanced
stages of appointment and will begin its activity as soon as all its members are appointed.
(c) The Knesset enacted in July 2008 the Sigd National Holiday Law 5768-2008,
to be celebrated every year on the 29th of the Hebrew month of Cheshvan (scheduled in
2013 for 31 October). The Sigd is a traditional Ethiopian fast day, dedicated to prayers and
giving of thanks. The Ethiopian community celebrates the holiday by holding a large
ceremony on Mount Zion in Jerusalem, followed by a procession to the Western Wall.
(d) The Ministry of Culture initiated in 2012 an Ethiopian culture festival in 12
cities and localities with large Ethiopian communities. The festival included music, dance
shows, exhibitions of Ethiopian artists, traditional Ethiopian food and clothing fairs.
(e) In 2010, the Supreme Court ruled in a case which dealt with the insufficient
integration of Ethiopian pupils into educational programs within the city of Petah Tikvah.
The Court noted that "the right for education and the right for equality in education are
constitutional rights" (H.C.J. 7426/08 Tebeka- Advocacy for Equality & Justice for
Ethiopian Israelis v. The Minister of Education et. al. (31.8.2010)).
C. Combatting racism, discrimination and anti-semitism
33. Penal Law (Amendment no. 96) 5768-2008 was enacted in February, 2008 and
amended section 145 of the Israeli Penal Law pertaining to illicit association. The
amendment prohibited the gathering of people who preach to, incite for or otherwise
encourage racism. In accordance with section 147 of the Law any adult member, employee
or agent of an illicit racist association will be subject to imprisonment of up to one year.
34. On September 9, 2013, the Haifa District Court sentenced a man to four years in
prison after he was convicted of arson and threats of a racial nature against a group of
Ethiopian tenants of a residential building in Haifa where the convicted person's mother
lived. At four different occasions the accused threatened the tenants by calling "to burn the
Ethiopians down" and in two occasions he set fire to one of the tenants' car and to the
building's entrance. In her sentencing, Judge Sela noted that: "there exists a clear sense of
hatred and racism manifested in the accused's actions and words. This phenomenon must be
rejected and uprooted." (C.C. 40112-07-12 State of Israel v. Logasi (9.9.2013)).
35. On November 10, 2011, the Tel-Aviv Magistrate Court accepted a suit filed by a
man, claiming he was refused to enter a nightclub in Tel-Aviv due to his skin color. The
Court stated that the club violated the Prohibition of Discrimination in Products, Services
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and Entry into Places of Entertainment and Public Places Law 5761-2000, since no
rational reason regarding the refusal of entrance was given. Moreover, the respondents have
failed to prove that their business' policy does not constitute prohibited practice of
customers' discrimination on the grounds of race and/or origin, as required by the Law. The
Court stated that according to the Law, the club's owners are liable for the violation, since
they did not prove they have taken reasonable steps to prevent discriminative behavior at
their business. The Court awarded the plaintiff compensation of 17,000 NIS (4,500 USD)
(C.M. 969-03-11 Jacob Horesh v. Tesha Bakikar LTD (10.11.11)).
36. On September 6, 2009, the Tel-Aviv Labor Court ruled that the prerequisite of
serving military service set by Israel Railways Company as part of its requirements for
employment of new supervisors constituted discrimination against citizens who do not
serve in the Israel Defense Forces (IDF), which consists mainly of Arab Israeli citizens.
The Court emphasized the importance of the right to equality and the prohibition of
discrimination, which form the basis of all other basic rights, as well as the values of
democracy, and noted that the Law also prohibits indirect discrimination (C.M. 3863/09
Abdul-Karim Kadi et. al. v .Israel Railways et. al. )9262...6().
37. In 2010 the Supreme Court determined that the Jerusalem Municipality must
allocate financial support for activities of the Jerusalem Open House for Pride and
Tolerance. The Court emphasized in its judgment that the right not to be discriminated
against on the basis of sexual orientation is a constitutional right and granted the Open
House NIS 500,000 ($140,800) in damages (A.P.A. 343/09 The Jerusalem Open House for
Pride and Tolerance v. Jerusalem Municipality et. al. (14.9.2010)).
38. Israel is a leader within the Global Forum for Combating Anti-Semitism, which
convened for the fourth time in Jerusalem in May 20132 In addition, Israel partners with EU
Member States in an annual seminar on the fight against Anti-Semitism and Xenophobia.
Both Israel and the EU assign great importance to this seminar, which reflects a common
stance against the challenges of Anti-Semitism and Xenophobia.
D. Ensuring LGBT rights
39. Israel adamantly protects the rights of its citizens to live freely according to their
sexual orientation. The LGBT community is widely represented throughout Israeli society -
serving in the military, government, business community and the arts.
40. The prohibition of discrimination on the basis of sexual orientation is found in
several laws, such as Patient's Rights Law 5756-1996, Equal Employment Opportunities
Law 5748-1988 and Prohibition of Discrimination in Products, Services and in Entry to
Public Places Law 5748-2000. In addition, in 2011, two Knesset Members initiated a lobby
to promote legislation in the struggle against homophobia.
41. Israel is a member of the Core Group on LGBT issues and was deeply involved in
organizing the special event on LGBT rights in December 2011 and 2012.
42. In recent years, there have been a significant number of judgments and decisions
promoting the rights of same-sex couples in Israel. Some examples include:
(a) The Regional Labour Court found that a same-sex spouse is entitled to
receive a dependent pension, as a widower. The Court emphasized that it reached this
decision despite the fact that the couple hid their relationship from their families and
friends, and despite the fact that when one partner's son arrived home on army leave they
stayed in a separate apartment (La.C. 3075/08 Anonymous v. "Makefet" Pension and
Compensation Center (12.4.2010)).
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(b) The Tel Aviv District Labor Court recognized in 2012 three children (twins
and a boy), that were born to a homosexual couple in two different surrogacy procedures
within two months from each other, as triplets for the purpose of an enlarged birth grant
payment from the NII. The Court stated that the intention of the legislator was to relive the
burden on parents and support them when having more than two babies, and that the law
should suit modern family structures in light of the Embryo Carrying Agreement
(Agreement Authorization and Status of Newborn Child) Law 1996 (L.C. 12398-05-11,
S.S.K et. al. v. The National Insurance Institue (7.9.2012)).
(c) The Jerusalem Magistrate Court ruled in favor of a lesbian couple who sued
the Yad HaShmona Guest House for its refusal to provide a venue for the couple's nuptial
party. The guest house refused, claiming the couple's sexual orientation as grounds for
refusal and stated that Yad HaShmona, as the owner of the guest house, is a residence of a
group of Messianic Jews, who consider homosexual relationships as contradicting their
religious beliefs. The Court determined that the venue met the definition of a "public place"
under the Prohibition of Discrimination in Products, Services and in Entry to Public Places
Law 5761-2000. Therefore, the owners were prohibited from refusing to hold an event on
grounds of sexual orientation. The Court addressed the appropriate balance between
religious freedom and the prohibition of discrimination and rejected the defendant's claim.
The Court ordered that the appellants be compensated both as restitution and to serve
towards education and awareness-raising for such an important issue as human dignity and
equality (C.C. 5901-09 Yaakobovitc et. al. v. Yad Hashmona Guest House et. al.
(14.4.2013)).
E. The fight against trafficking in persons
43. Israel has achieved significant progress in the struggle against trafficking in persons.
This success was recognized by the United States Department of State in its last two annual
Reports on Trafficking in Persons (2012 and 2013), ranking Israel in Tier One, the highest
ranking, indicating that Israel has acknowledged the existence of human trafficking, makes
efforts to address the problem and complies the minimum standards.
44. As a result of cooperation between Government, civil society and the Knesset, Israel
has managed to nearly eradicate trafficking for prostitution. A landmark achievement in this
regard was the Rami Saban trial, which ended in May 2012 with the conviction of five
defendants on charges of trafficking for the purpose of prostitution and other related
offences. All convicted defendants received lengthy sentences that included imprisonment
ranging from 10 months to over 18.5 years, high fines and compensations to each of the 13
victims. The District Court of Tel Aviv-Jaffa stated that the case was one of the most
complex and widespread trafficking affairs Israel had dealt with in recent years (S.Cr.C.
1016/09 State of Israel v. Rahamim Saban et. al. (10.5.2012)).
45. The Jerusalem District Court in a precedential decision convicted on 29 February
2012 two defendants for holding a person under conditions of slavery. The victim was a
Philippine housekeeper who was held under conditions of slavery, though notably, the
circumstances did not include physical violence. The Court sentenced the defendants to
four months community service, suspended imprisonment, NIS 2,000 and NIS 15,000
($5,000) to be paid as compensation to the complainant (S.Cr.C. (Jerusalem) 13646-11-10
The State of Israel v. Ibrahim Julani and Basma Julani (12.6.2011)).
46. In addition to the exiting shelter for female victims of trafficking, a new shelter was
opened in 2009 for male victims of trafficking in persons. Between 2011 and 2013 three
transitional apartments for trafficking victims were opened. Recently the Ministry of Social
Affairs and Social Services announced the allocation of resources for housing solutions for
further 18 female victims.
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47. A new procedure for identifying trafficking victims in Israeli Prisons Service
detention facilities was established in early 2012. According to this procedure, a staff
member who suspects they have encountered a trafficking victim must report to the
facility's social workers who in turn report to the police coordinator and to the Legal Aid
Branch in the Ministry of Justice. As a result of this procedure, the number of
identifications of victims and the protection granted to these individuals, has increased
markedly.
48. In May 2012, following extensive cooperation between Israeli authorities and the
European Union Rule of Law Mission in Kosovo with regards to an international organ
trafficking network, Israel Police arrested ten suspects for trafficking in organs offenses, as
well as offenses related to the Organ Transplant Law 5768-2008. Most of these cases are
currently pending.
49. MASHAV has long been involved, through the Mount Carmel International
Training Center (MCTC) in regional and international development programs on the topic
of trafficking in persons. These programs involve cooperation with various international
organizations and states including the Organization for Security and Cooperation in Europe
(OSCE), the International Organization for Migration (IOM), the United Nations Office on
Drugs and Crime (UNODC) and the U.S. Government. In August 2013, MASHAV,
together with the Ministry of Justice and the MCTC hosted an international seminar for
judges on the topic of "The Critical Role of the Judiciary in Combating Trafficking in
Human Persons". In October 2012, MASHAV hosted a conference on violence against
women and children, with the help of the United Nations Educational, Scientific and
Cultural Organization (UNESCO). Finally, in May 2012, MASHAV cooperated with the
Ministry of Justice to lead a course titled "International Workshop on Profiles of
Trafficking: Patterns, Populations and Policies", which included a day-seminar focusing on
the importance of Government-NGOs dialogue in this field.
F. Protection of persons subjected to detention
50. Further to Recommendation 13 (France, Yemen), under Israeli legislation all acts
that may be considered as torture or other cruel, inhuman, or degrading treatment or
punishment constitute criminal offences. Any allegation of perpetration of such acts should
be brought before the relevant authorities so that investigations and prosecutions could be
brought up against the perpetrators.
51. Further to Recommendations 13, 15 and 16 (Yemen, UK, Chile, Canada), the
right of persons under detention to conditions ensuring their human dignity is
acknowledged as a fundamental right in Israeli law. The enactment of Basic Law: Human
Dignity and Liberty 5752-1992 has spurred significant legislative reform bearing on the
treatment of detainees, as well as policy changes in the education, hiring, and training of
police and prison personnel who deal with detainees. Today, the Prisons Ordinance 5732-
1971 preserves all rights of prisoners, including the rights for family visitation which is
strictly upheld. Even before the enactment of the Basic Law, the High Court of Justice
repeatedly affirmed the rights of prisoners for dignity. In H.C.J. 355/79 Katlan v. The
Prisons Service (10.4.1980), then Chief Justice Barak held that "The walls of the prison do
not separate between the prisoner or detainee and Human Dignity... The prisoner or
detainee might be temporarily deprived of their freedom but not of their Human character".
52. Since 2008 there were certain advancements in the protection of the right to due
process and the right of prisoners and people in detention:
(a) In 2012 the Knesset enacted the Prisons Ordinance (Amendment no. 42)
5772-2012 which echoed, on a statutory level, prisoners' rights to be held in adequate
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conditions that would not harm their health or dignity. The amendment stipulates that a
prisoner is entitled to adequate sanitary conditions including, a bed, mattress and blankets,
food and water, clothes, reasonable lighting and ventilation conditions, daily walks, and
rehabilitation frameworks (if such are found suitable).
(b) In 2012 the Knesset additionally enacted the Courts Law (Amendment no. 69)
5772-2012 and included further limitations on the publication of a suspect's name. The
amendment allows the Court to prohibit the disclosure of names if found that the expected
damage to the suspect would exceed the public interest in making the name public.
Moreover, the police are required to notify the suspect of his/her right to ask the Court to
prohibit such disclosure.
(c) The Supreme Court held in November 2009 that the Prisons Ordinance
(Amendment no. 28) 5764-2004, which allowed for the privatization of prisons, violates the
right of prisoners to human dignity in a disproportional manner and is therefore
unconstitutional. The Court noted that: "the human rights of prison inmates are violated
ipso facto by the transfer of powers to manage and operate a prison from a the State to a
private concessionaire that is a profit making enterprise" (H.C.J. 2605/05 Academic Center
of Law and Business, Human Rights Division v. The Minister of Finance (19.11.2009)).
(d) The Central District Court ruled on 26 July, 2012 that the IPS should
consider under certain conditions allowing conjugal visits for couples that are both serving
a prison sentence at the same prison. The Court relied in its decision on the right to family
life (P.P. 14733-04-12 Liliana Mandoza v. The Israeli Prisons Service (26.7.2012)).
Moreover, IPS spokesperson publicly stated on July 2013 that the IPS does not discriminate
against homosexual couples and allows them to have conjugal visits.
G. Developments in the protection of children's rights
53. Israel maintains an extensive system of laws designed to protect children’s rights. It
is a signatory to numerous international conventions and provides full health, education and
welfare services to children. Special protections apply in the areas of child labor and sexual
exploitation. Below are a few examples of developments in the field of Children's' Rights
Protection in recent years.
54. The National Program for Children and Youth at Risk was launched in 2007. The
Program is a national, inter-ministerial program, led by the Ministry of Social Affairs and
Social Services which aims to reduce the extent of risk situations among children and
youth. In 2012 the program was expanded to include the most underprivileged local
authorities, and will eventually be implemented in a total of 166 local authorities which
encompass nearly two thirds of Israel’s children. The National Program gives priority to
Arab localities and localities with large populations of immigrants and ultra-Orthodox
Jews. Since 2008 over 156,000 children in a range of risk situations were identified and
offered support in a range of spheres, including in particular welfare, education and health.
It is estimated that an additional 60,000 children and youth will be identified and offered
support in the coming years. The Israeli Government will be allocating NIS 215 Million
($60 Million) annually, until 2017, to support programs and services to meet the challenges
of these children.
55. In 2008 the Rights of Pupils with Learning Disabilities in Secondary Education
Facilities Law 5768-2008, was enacted. This law affirms the rights of pupils with learning
disabilities to adjustments in the criteria for admission to secondary educational facilities,
as well as in exams and other academic requirements.
56. The Legal Capacity and Guardianship Law (Amendment no. 17) 5772-2012 entered
into force in 2012 adding the right of grandparents to file requests for guardianship over
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their grandchildren and authorizing the Court to determine if this would be in the best
interest of the child.
57. In recent years, there have been a significant number of rulings and decisions
promoting the rights of minors in Israel. Some examples include:
(a) The Supreme Court determined in October 2008 that a child and his German
mother may temporarily immigrate to Germany despite the objection of the Israeli father.
The Court stipulated that the leading principle in such cases is the best interest of the child.
This principle obligates parents and Courts alike, and is a guiding principle in determining
custody and residency issues. (F.M.A. 10060/07 Anonymous v. Anonymous (2.10.2008)).
(b) The Supreme Court ruled in July 2009 that the National Insurance Institute
was required to recognize all children who fall on the autistic spectrum, as children entitled
to full disability pensions. (H.C.J. 7879/06 "ALUT" The Israeli Society for Autistic Children
v. The National Insurance Institute of Israel (19.7.2009)).
(c) The Supreme Court convicted a defendant charged with exploitation of
minors by way of induced prostitution in March 2012. The Supreme Court sentenced the
defendant to eight years imprisonment for a lack of precedent, but ruled that future cases
should receive harsher sentences (Cr.A. 3212/11 The State of Israel v. Anonymous
(22.3.2012)).
H. Religious freedoms
58. Further to Recommendations 23, 24, 25 (Jordan, Morocco, Italy, Pakistan),
freedom of religion is an important aspect of Israeli society, and includes also the freedom
from religion (freedom of conscience, and) the freedom to practice one's religion. All of
these are basic principles in Israeli law, enshrined in key constitutional legislation such as
Basic Law: Human Dignity and Liberty 1992.
59. In practice access to holy places and freedom of worship for members of all faiths is
protected with exceptions relating to the maintenance of public order or morals. The Israeli
police are instructed to protect the freedom of religious worship and access of persons of all
religions to their places of worship without interruption. Some of these religious events take
place on daily or weekly basis and demand special deployment of Police personnel. For
example, Muslim Friday prayers on the Temple Mount, which takes place with the
participation of thousands of worshipers. An additional example is prayers during Christian
holidays, also involving thousands of believers and demand special care and sensitivity.
60. A pertinent example of police activity to protect the right to worship can be found in
the case of "the Women of the Wall", a group of Jewish women who wish to wear prayer
shawls, pray and read from the Torah collectively and out loud at the Western Wall. In May
2013, the members of the women's prayer group were allowed to pray for the first time near
the Western Wall. They were free to wear prayer shawls and tefillin (phylacteries), and
were protected by the police. This prayer was authorized following a ruling of the
Jerusalem District Court in C.A. 23834-04-13 State of Israel v. Ras et. al. (24.4.2013) The
Court reechoed the right to worship in accordance with individual practices and beliefs, and
in good faith, as a basic human right.
61. The Ministry of Interior strives to ensure the freedom of religion to all non-Jewish
communities and assists in the construction and development of houses of worship and
other religious sites. The Ministry employs religious personnel, as civil servants, to assist in
services in mosques and churches. On Christian holidays, the State allows the increased
entry of Christians from the West Bank into Israel for the entire holiday period for
participants to partake in ceremonies. In addition, Israeli Christians are permitted to travel
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to the Church of Nativity in Bethlehem on Christmas and other holidays. For all these
purposes, Israel allocates significant budgets.
62. Following a number of petitions on the subject, in August 2011, The Ministries of
Finance and Religious Services announced a significant increase in the budget for
alternative burial in Israel. The State notified that a budget of five Million NIS (1.350
Million USD) for each of the years 2011 and 2012 will be allocated instead of the original
budget of 300,000 NIS (85,000 USD) for 2011. In 2012 the Ministry for Religious Services
has allocated four Million NIS (1.081 Million USD) for development of new civilian
cemeteries. As of November 2012, there are 11 cemeteries for alternative civilian burial
which are contracted with the Israeli NII, in accordance to the National Insurance (Burial
Fees) Regulations 5736-1968. These cemeteries which are located throughout Israel
provide burial services for any person who desires to be buried in a civilian burial. In
addition civilian burial in Israel may also be conducted in agricultural localities, in which
residents may be buried without any payment. These alternatives provide solution for every
Israeli resident who wants to be buried in a civilian burial.
63. Further to Recommendation 21 (Italy), Israel does not impose any unnecessary
restrictions on the granting of visas, and in fact provides preferential treatment to members
of the Christian clergy in their entry into Israel. This policy is promoted in view of the
importance Israel attaches to assisting clerics in the exercise of their religious duties. The
proper procedures and requirements for a visa application, and the responsible authority
within Israel, may change in light of the particular circumstances of each applicant. Any
difficulty encountered throughout this process can, and should, be referred to the Consular
Division of Israel's Ministry of Foreign Affairs.
I. The right to an adequate standard of living
64. During the summer of 2011 wide-spread demonstrations for social justice in Israel
was launched and hundreds of thousands of Israeli citizens took to the streets to demand
economic reforms in the areas of housing, social services, health, and taxes. In response to
these events the Government appointed a committee chaired by Prof. Emmanuel
Trajtenberg, chair of the Planning and Budgeting Committee of the Council for Higher
Education in Israel. The committee was tasked with examining ways to implement social
change and recommend practical solutions. The Committee's final report was approved by
the Government in October 2011 and is being gradually implemented in accordance with
the Government's plan and in due consideration to changes in world economy.
65. A groundbreaking judgment was handed down by the Supreme Court on the right to
minimum standard of living. The petitions challenged legislation that predetermined that
ownership or use of a vehicle would preclude eligibility for unemployment benefit. In her
last ruling as Supreme Court President Justice Dorit Beinisch presented the majority
decision which found the legislation violated the right for a minimum standard of living.
The justices agreed unanimously that this right enjoyed constitutional status and thus form
the basis for the right to human dignity and other rights (H.C.J. 10662/04 Salah Hassan v.
The National Insurance Institute (28.2.2012)).
66. In 2009 the Israel Lands Administration Law (Amendment no. 7) 5769-2009 was
enacted to allow for the conveyance of lands managed by the Israeli Land Administration
(ILA), to lessees, who will be able to take any action with respect to the property as if they
were its legal owners. This amendment was enacted as part of a broad organizational
reform in the ILA and is aimed at improving accessibility and the quality of service
provided.
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67. In June, 2012 the Knesset enacted the Sheltered Housing Law 5772-2012 which
aimed to regulate sheltered housing for the elderly population including low-rent housing
and care service providers. The new law establishes a process of licensing for operators and
institutes general guidelines for the interaction between service providers and tenants. By
doing so it limits the power possessed by sheltered housing operators in their contracts with
the elderly, a particularly vulnerable social group.
J. Right to education
68. Since 2008, Israel has been gradually changing and reforming its educational
system, putting a special emphasis on equal access to education, strengthening learning
environments, strengthening the status of teachers, and preventing violence in schools.
Following are some of the most fundamental improvements in education in recent years.
69. The "Ofek Hadash" (New Horizon) reform is an educational and professional reform
program implemented in elementary schools and junior high schools in Israel. The program
introduced fundamental changes including an increase in teachers' salaries, the lowering of
the number of pupils in math and language classes, and the allocation of additional
individual hours as may be needed. This reform is intended to be fully implemented in all
pre-schools and elementary schools by the end of 2013.
70. The "Oz Betmura" (courage for change) reform, initiated in September 2011, is a
complementary program for high schools which purpose is to promote pupils' achievements
and strengthen the role of the teacher as an educator. The reform promises an increase in
teachers' salaries alongside performance-based financial incentives. This reform is intended
to be fully implemented by 2015.
71. In 2007 the Compulsory Education Law (Amendment no. 29) 5767-2007 was
enacted in order to extend compulsory education to youth between the ages of 15-17 for the
11th and 12th grades. The law was gradually implemented during 2008-2011. Government
Resolution no. 4088 of January 2012 extended free education to all public kindergartens for
children aged 3-4. Beginning in the 2013-2014 school year, the State has been providing
free and compulsory education for these young children.
72. In 2009 the Pupil's Rights Law (Amendment no. 2) 5769-2009 was enacted in order
to allow for the dismissal of pupils from schools following severe disciplinary or violencerelated
incidents. In 2009, reporting guidelines were put in force in the fight against
physical violence in schools. These were complemented by a Directive from the Director
General of the Ministry of Education which established a new policy for the prevention of
violence and the creation of a safe environment in schools.
73. Further to Recommendation 8 (Mexico), the State of Israel and its education
system invest significant budgets and efforts in the promotion and advancement of equal
opportunity for the various minority communities and implements programs towards
equality in education together with affirmative action where necessary, including in access
to education in all levels and grades, and to higher education.
74. The Ministry of Education developed a program to close the gaps within the Israeli
education system. The Ministry has allocated additional hours for math and science classes;
opened more than 100 centers for career guidance and preparation assistance leading
toward college admission exams in Arab high schools and communities. Other projects in
the Arab education system include improvement of infrastructures, building new
classrooms, and the introduction of new teaching and learning aids. For example The
Government of Israel allocated NIS 420 Million ($115.7 Million) for the purchase of
computers for all elementary schools serving the Bedouin and Arab communities.
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75. The Jerusalem Municipality and Ministry of Education remain committed to
improving the quality of education in the eastern neighborhoods of Jerusalem and the
access of children to equal and free education. In 2012 NIS 400 Million ($111.4 Million)
was budgeted for the planning and building of 400 new classrooms in the eastern
neighborhoods of Jerusalem and in the 2012-2013 school year, 34 new classes were
opened, 24 in a new high school in Ras Al-Amud, and 10 in a new kindergarten in Beit
Hanina. Six of these classrooms are intended for children with special needs.
76. The Supreme Court ruled in February 2011 that every child in the eastern
neighborhoods of Jerusalem must be able to register to an official public school in their
residential area or receive tuition reimbursement if forced to register at a private or
unofficial school. The Court ruled that improvements were necessary as "such a reality
infringes on the constitutional rights of children in East Jerusalem to enjoy equality in
education." (H.C.J. 5373/08 Abu Labda et. al. v. The Minister of Education et. al.
(6.2.2011)).
77. The efforts devoted to improvement of education in Arab localities resulted in
higher rates of matriculation certificate eligibility among Arab pupils. In 2010, 95.6% of
the female pupils and 87.6% of the male pupils in the Arab education system took the
matriculation exam (compared to 94.9% and 87.2% in 2008). In 2011, 59.7% of the female
pupils and 43.6% of the male pupils in the Arab education system were entitled to a
matriculation certificate (an increase of 5.8% among the girls and 13.5% among the boys
compared to 2010).
K. The right to family life
78. Israel is committed to promoting the right to family life and has adopted in recent
years policies to ensure the right to start a family or to adopt a child is secured. Following
are some of the most significant improvements in this field.
79. In 2010 and 2011, the Women’s Employment Law 5714-1954 was amended in order
to grant employment rights and mitigations to new mothers, adoptive parents, intended
parents and parents in foster families. According to the Women's Employment Law
(Amendment no. 45), 5770-2010, he firing of female or male employees who are
undergoing fertility treatments. This protection applies to both permanent and temporary
employees after employment of six months. In accordance with Amendment no. 46, the
maternity leave of an employee who is employed for at least one year prior to her maternity
leave shall be prolonged to 26 weeks. Of which 14 weeks are with pay, and an additional 12
weeks are without pay, during which the employer must reserve her rights at the workplace.
Finally, Amendment No. 48 provides maternity leave for parents in foster families and
parents who adopt children and further extends the protection of the law to parents in such
cases.
80. In 2011 the National Health Insurance Order (Amendment to the Second
Supplement to the Law), 5771-2011 was enacted to include fertility preservation treatments
for women who undergo chemotherapy or radiation treatments.
81. The Knesset enacted in 2010 the Career Service in the Israel Defense Force
(Female Soldiers in Career Service) Law 5771-2010. The law determines that a female
career soldier may not be dismissed from the IDF due to her pregnancy, during her
maternity leave, or in the 60 days following, without the authorization of the Minister of
Defense.
82. The Courts have played an active role in promoting the right to family life. The
Supreme Court ruled in March 2009 that a person's right to family life is a constitutional
right, protected under Israel's Basic Law: Human Dignity and Liberty 1992. According to
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Justice Ayala Procaccia "The right to family life and parenthood espouses both the right of
the biological parent to raise their children, and likewise the right of the child to be raised
by their parents...This is the source of the constitutionality of the right to family and
parenthood, about which there is no dispute" (H.C.J. 4293/01 New Family et. al. v. The
Minister of Labor and Welfare (24.3.2009)).
83. The Supreme Court considered in 2013 a precedential case which involved a request
by a sperm donor to withdraw his consent to donate, despite the interest of the petitioner,
who had already been conceived once from his donation, to have more children who might
share the same genetic makeup. The Court ruled that while the right to parenthood is a
fundamental right, in such a conflict, the donor's autonomy and free will should prevail
(H.C.J. 4077/12 Anonymous v. The Ministry of Health et. al. (5.2.2013)).
L. The right to health
84. Israel recognizes the right to health care as a fundamental human right. As stipulated
in Israel's National Health Insurance Law 5754-1994, every Israeli resident is entitled to
health services "in accordance with principles of justice, equality, and mutual support."
85. The Foreign Workers Law 5751-1991 obliges employers of foreign workers to
provide health insurance for their employees throughout their employment period at the
employer's expense. The legal duty to provide health insurance remains upon the employer
regardless of whether the employee holds a legal working visa. Furthermore, an employer
will receive an employment permit for a foreign worker only after showing proof of health
insurance. Violation of this provision is considered a criminal offence punishable by
substantial fines.
86. In an attempt to improve accessibility to dental services for youth in general, and for
low-income families in particular, the Ministry of Health announced in December 2009 that
it would gradually include dental treatments for children up until the age of 10 within the
State medical basket covered by the National Health Insurance. In July 2010 this program
was expanded to children up until the age of 12.
87. Further to Recommendations 28 and 29 (Canada, United Kingdom, Finland), in
2009 a national plan for the reduction of inequality in health was developed by the Ministry
of Health based on a number of international studies that were conducted. The plan was
included as an integral part of the Ministry of Health Objectives for 2011-2014. Below are
a few of the steps taken by the Ministry to realize the plan.
88. The Ministry of Health published a circular on cultural and lingual adaptation and
accessibility within the health system to obligate all health organizations to provide services
in accordance with the spoken languages and special cultural traits of patients. These
guidelines are intended to remove lingual barriers before many Israeli residents, including
immigrants and members of the Arab population. The Ministry determined that Hebrew,
Arabic, Russian, English and Amharic are all languages in which patients are entitled to
receive service, through translation or a professional that speaks the language. The Circular
entered into force in early 2013 and plans for its implementation are being put in place.
89. The Ministry, in coordination with its various health funds, operates dozens of
programs promoting the health of Israel's general population, including its Arab population.
In fact, one third of the Ministry's Health Advancement Department's annual budget is
dedicated to funding health plans in Arab communities. It is important to note that most of
these communities are concentrated in peripheral areas to the north and the south of
country, thus making each investment placed, that much more crucial.
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90. Examples of steps taken by the Ministry of Health in recent years to reduce
inequalities in health care include:
(a) Improving infrastructures in peripheral areas, including additional 1,000
hospital beds and manpower to peripheral hospitals.
(b) Opening nurses training courses targeted specifically towards Bedouin
population, in order to improve medical services and overcome language barriers.
(c) Allocation of NIS 13.6 Million ($3.75 Million) for the development of health
service and intervention plans as part of the five year plan for the promotion of the Bedouin
population in the Negev.
(d) Establishment of a medical school in the northern galilee and new emergency
rooms in peripheral localities, both in the north and the south of Israel.
(e) Allocation of additional medical equipment to peripheral areas, including
new MRIs, linear accelerators and PET scan devices.
(f) Developing financial incentives, including grants and state sponsored salary
increase, for specialized doctors to move to peripheral areas.
(g) Reduction of the maximum co-pay fees of chronic elderly patients who
receive income supplements.
(h) Discount on the purchase of the amount of co-payment for generic
medications.
91. Finally, Israel's agency for international cooperation and development, MASHAV,
has joined international efforts to fight against HIV/AIDS. In 2010, MASHAV organized,
in cooperation with UNAIDS, a regional workshop on "Women, Girls, Gender and AIDS"
for participants from Africa. Emphasis was placed on empowering women and girls with
HIV and using the media to raise awareness to the right to healthcare. In 2010, an
additional workshop took place in cooperation with UNAIDS on the topic of "Care and
Support of Children Affected by HIV/AIDS and their Reintegration into Society". This
program was held in Russian and geared towards participants from countries of the former
Soviet Union. The participants were high level professionals representing a broad spectrum
of healthcare spheres, promoting societal treatment of HIV/AIDS as a holistic issue from
the perspectives of health, education and welfare.
IV. Challenges, constraints and opportunities
A. Polygamy
92. Further to Recommendation 18 (Chile), as in other countries with traditional
communities, Israel faces challenges in regard to polygamy. It is clear that there are social,
societal, and legal aspects to the phenomenon that demands certain sensitivity to tradition,
while also protecting the rights of individuals and the rule of law.
93. Section 176 of the Israeli Penal Law 5737-1997 prohibits polygamy in Israel making
it punishable by a maximum sentence of five years imprisonment. In 2008, 31 criminal
cases were at a variety of stages within Israel's judicial process. A similar number of cases
were opened in 2009, of these 18 (35%) were transferred to the State Attorney's Office for
indictment. During 2009, four cases were eventually brought to trial and the offenders
convicted. In 2010, 18 investigations were opened and 8 cases were transferred to the State
Attorney's Office. 24 investigations were commenced in 2011 and an additional 32
investigations were launched in 2012.
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94. In 2010 the Minister of Justice formulated a working plan for combatting polygamy
and bigamy. In an interagency meeting chaired by the Deputy Attorney General, it was
clarified that this issue was a challenge among Muslim population in the north (1%-2% of
the population) and among the Bedouin population in the South (nearly 35% of the men,
approximately 15,000). According to the police only few indictments were served for
bigamy, due to the difficulty of obtaining evidence and the lack of cooperation by the local
community. Nevertheless education activities are being regularly implemented among
women, both in the north and in the south, in order to raise awareness and to reduce the
phenomenon. A special team was established within the Ministry of Justice in order to
come up with state incentives for monogamist families, primarily in the fields of national
insurance benefits, land administration, education, welfare and employment. Finally joint
teams of both the Police and the relevant District Attorney's Offices in the north and the
south were established to handle cases which might be suitable for prosecution.
95. In the case of Cr.C. 31077-05-10 The State of Israel v. Asama Duad (4.9.2011), the
Petah Tikvah Magistrate's Court cited the severity of the polygamy offence and the need to
achieve public deterrence by imposing severe punishments. Yet, the Court also considered
the defendant's personal background, including his will to have a child and his first wife's
infertility, as well as the first wife's endorsement of the second marriage which did not
involve any mistreatment or neglect. The Court sentenced the man to four months
imprisonment to be served as community service.
B. Conscientious objectors
96. Further to Recommendation 22 (Slovenia) Israel considers the freedom of
conscience to be a fundamental human right and views this attitude as integral for
maintaining a tolerant society, being that conscientious objection is a human phenomenon.
According to Section 36 of the Israeli Defense Service Law (Consolidated Version), 5746-
1986, the Minister of Defense has the authority to exempt any man or woman from
fulfilling his or her national army service for reasons that are listed in the Law or, as an
alternative, to defer his or her conscription.
97. The IDF respects the views of conscientious objectors, provided that these views are
proven genuine. To this end, a special military exemption committee, headed by the IDF's
Chief Enlistment Officer (or his/her deputy), reviews the applications of those who wish to
be exempted from the army on the basis of conscientious objection. Among the other
members of this committee are an officer with psychological training, a member of the IDF
Military Advocate General Corps and a member of the Academia.
98. The Committee operated under the directions and criteria determined in the High
Court of Justice's rulings in the subject (see for example: H.C.J. 7622/02 David Zonsien v.
Military Advocate General (31.12.2002); H.C.J. 2383/04 Liora Milo v. The Minister of
Defense et. al. (9.8.2004)). According to these rulings, given that an applicant's
conscientious objection to military service and use of force in unconditional and complete it
will be recognized as a cause for exemption from military service. The Committee is
authorized to exempt an individual from military service, or, alternatively to recommend
certain easements in the applicant's service, such as the permission not to hold weapons or
an assignment to a non-combat position.
C. Fighting terrorism within the law
99. Further to Recommendation 30 (Sweden, Mexico), Israel remains committed to
precedents set by the Supreme Court which determined the war on terrorism should not be
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waged outside the law, but within the framework of the law using means that the law
affords to the security forces. Israel continues to seek to strike a delicate balance between
the security needs of the civilian population in Israel and the human rights of those
suspected of participating in terrorist activities.
100. The most recent development in the efforts is the current legislative work on the
Fight against Terrorism Bill 5771-2011. In August 2011, this draft bill was approved by the
Knesset in a preliminary first reading and is currently waiting to be reviewed by the
Knesset Constitution, Law and Justice Committee. The bill includes comprehensive
consideration of many core legal issues in the fight against terrorism introducing, among
other things, definitions of "act of terrorism", "terrorist organization", and "member in a
terrorist organization". Some of these definitions match similar definitions in other states.
The goal of the bill is to offer law enforcement authorities with effective tools in their fight
against terrorist organization and terrorism in general, but in a balanced manner that will
protect human rights and due process. The bill will also allow the annulment of current
long-standing legislation in the field of fighting terrorism, such as the Fight against
Terrorism Ordinance 5708-1948, Prohibition of Financing Terrorism Law 5765-2005, and
some provisions in the Defense Regulation (State of Emergency) 5705-1945.
101. The Magistrate Court in Nazareth convicted Nazam Abu Salim, the Imam of the
local Shihab A-Din mosque, on April 2012, for incitement to violence and terrorism and for
supporting a terrorist organization. The Court found that the director abused his position by
disseminating messages of violence and incitement. According to the indictment, the
defendant established a movement "Allah supporters group - Jerusalem in Nazareth", used a
symbol which is recognized with the Taliban terrorist organization and distributed
thousands of leaflets supporting points of view identical to those of the Islamic Jihad and
Al-Qaida. The indictment further alleged that the defendant established an internet site to
spread his hateful ideas among his congregation and beyond. The Court convicted Abu-
Salim and ruled that he used his sermons and articles for publication of incitement with the
understanding that his words would be accepted by his followers which would raise chance
that some of them will be persuaded to carry out violent acts.
102. One reflection of Israel's continuing commitment to advancing the rule of law in the
fight against terrorism can be the recent Turkel Commission of Inquiry's Second Report. On
14 June 2010 the Government of Israel established a public Commission of Inquiry
mandated, among other responsibilities, to assess whether the mechanisms for examining
and investigating complaints and claims raised in relation to violations of the laws of armed
conflict conforms with the obligations of Israel under the rules of international law. The
Commission was headed by former Supreme Court Justice Jacob Turkel and included
prominent Israeli experts and prominent international observers. For the issue of
investigations the observers were Nobel Peace Prize laureate from Northern Ireland, Lord
David Trimble, and Professor Timothy McCormack, Professor of Law at Melbourne Law
School and the Special Adviser on International Humanitarian Law to the Prosecutor of the
International Criminal Court. The Commission examined evidence provided by Israeli
officials, academics and human rights NGOs, and further consulted several international
law experts. The Commission submitted a comprehensive report in February 2013. The
Report carefully applied the main principles of international law on the obligation to
investigate and the scope and nature of such investigations under international law, an area
which was previously under researched by both scholars and States.
103. Further to recommendations 13, 14, 15 (Canada, Sweden, United Kingdom), the
Commission determined that Israel's law enforcement mechanisms, including its
examination and investigation bodies, generally comply with international law. The
Commission affirmed that Israel's justice system is sufficiently independent to carry out
effective investigations. At the same time, it found that there was room for structural and
A/HRC/WG.6/17/ISR/1
22
procedural changes to improve the mechanisms of examination and investigation, and
formulated a series of recommendations. These recommendations are currently under
review by the various relevant authorities so to examine their potential application to
improve the investigation process in Israel.
104. The Israeli Supreme Court continued to be deeply involved in guaranteeing due
process rights for suspects of terrorist activity in recent years. In February 2010, the Court
repealed Section 5 to the Criminal Procedure Law (Detainee Suspected of Security
Offence) (Temporary Provision) Law 5766-2006, which allowed detention on remand
without the presence of the detainee for up to 20 days. The initial purpose of this law was to
improve the ability of law enforcement agencies to carry out effective interrogation of
suspects in security offences. In its decision, the Court found that in some circumstances
this law could gravely harm the rights of a suspect and prejudice the effectiveness and
fairness of the judicial process. The Court ruled that Section 5 was unconstitutional as
incompatible with Basic Law: Human Dignity and Liberty 5752-1992 (Cr.C. 8823/07
Anonymous v. The State of Israel (11.2.2010)).
105. A similar judicial finding took place regarding the case of Mr. Mahmud Dirani,
formerly one of the heads of the Lebanese terrorist organization "Amal" and now a senior
member of Hezbollah. Dirani was held in Israel from 1994-2004. During this time he filed a
tort claim against the State of Israel. He was returned to Lebanon before the court decided
on the case. On 18 July 2011, the Supreme Court ruled on the State's appeal to dismiss the
petition in limine owing to Dirani's return to an enemy state. The Court noted that although
Dirani was a citizen of an enemy state and actively acting against Israel, the constitutional
right for due process and the protection of human rights oblige that the right for access to
courts be protected. Thus, the Court heard the case and ultimately determined that the
established Israeli mechanisms for investigation of claims against ISA interrogators
provided a reasonable balance between all relevant interests. This determination was
conditional upon completing changes within the ISA and the Ministry of Justice (C2A2
993/06 State of Israel v. Mustafa Dirani (18.7.2011)). This case is pending a further
decision by the Supreme Court at the request of the State (A.C.H. 5698/11 State of Israel v.
Mustafa Dirani).
D. Ensuring the rights of the Bedouin population
106. Further to Recommendation 26 (Canada), there are approximately 210,000
Bedouin citizens of Israel that live in the Negev desert region of Southern Israel, out of a
total Negev population of about 640,000. Approximately 90,000, of those residents of the
Negev, live in poor conditions, many in scattered encampments outside the planned and
regulated towns and villages. They lack basic infrastructures such as sewage and electricity
and face difficulties accessing educational and health facilities, as well as local government
services.
107. The Government of Israel is committed to ensuring that these citizens enjoy modern
living conditions, and to that end has adopted a comprehensive policy for the immediate
improvement in their standards of living. The policy also strives towards finding a longterm
solution that will enable planning and regulation of existing communities that lack
zoning plans. This policy is being implemented following an extensive planning process
which included and open-to-all consultations with hundreds of Bedouin community
members, local authorities, NGOs, and human rights organizations.
108. The draft law to regularize Bedouin settlement in the Negev passed its first reading
in the Knesset in June 2013. The purpose of the bill is to put an end to land disputes by
means of a compromise in which Bedouin with private land claims (approximately 15%)
would receive, under certain conditions and in an agreed upon time frame, compensation in
A/HRC/WG.6/17/ISR/1
23
land and/or money, without having to resort to the courts. The bill bases the entire process
on principles of fairness, transparency and dialogue, while strengthening law enforcement.
109. Israel established designated agencies to advance the regularization process and has
allocated considerable amounts of resources, approximately NIS 8 billion ($2.2 billion) to
the implementation of the plan. Within this budget, the Government approved Resolution
3708 which allocated NIS 1.2 billion ($0.34 billion) over five years (2012-2016), for a
variety of programs in the spheres of employment, education, infrastructures and services.
These programs are intended to promote the development and economic growth of the
Negev Bedouin communities.
110. As part of the Government’s Negev Bedouin development plan, dozens of initiatives
are already being implemented to improve the Bedouin situation within this five-year
framework. Examples include: establishing employment guidance centers; planning and
development of tourism infrastructure; municipal training to strengthen the organizational
and professional capabilities of local Bedouin authorities; improvement of the
transportation system in the Bedouin areas; expansion of technological education, adult
education, centers of excellence for students and informal education for youth; a plan to
reinforce the connection of the Bedouin community to their culture and heritage; and the
encouragement of Bedouin women enter the work force and to start businesses while
establishing incentives for employers to employ Bedouins. In this context the IDF intended
transfer of a number of key IDF bases to the Negev will necessitate the hiring of thousands
of workers, many of them will be Bedouin.
111. One important aspect of the Government's development plan includes the
construction of a number of industrial areas jointly with regional councils. The Idan
Hanegev Industrial Park, for example, is being built southeast of the Bedouin City of Rahat
and is planned to employ nearly 8,000 workers, including Bedouin workers, thus alleviating
unemployment in this local population. In addition the Government, on July 2013,
approved Resolution 546 declaring the Negev's Bedouin locales as national priority
communities for development.
112. Financial settlement arrangements for all Bedouin residents scattered throughout the
Negev have been planned not only for those claiming land:
(a) Eligible claimants of land will receive land compensation of 25% to 50% of
the land they are currently holding and/or claiming, plus monetary compensation for the
rest of their land claim. Land allocated will be registered in the Land Registry and will
become their lawful property.
(b) Free allocation of a developed residential lot to every family or eligible single
person.
(c) A variety of housing options, rural, agricultural, communal, suburban, and
urban will be made available so that the people can choose the option that suits their
lifestyle and desires. Dialogue is already taking place on this subject.
113. It is important to note that a large majority of the Bedouin residents currently
residing in areas that are not regularized will be able to continue residing there as part of an
effort to minimize relocation. At the same time, areal spread of some non-regularized
communities is such that some of the dwellings will have to be moved a relatively short
distance, of some hundreds of meters, in order to create the necessary contiguity and enable
the installment of infrastructures at a reasonable cost. For those communities which do not
coincide with the master plan and do not meet the necessary minimum number of residents,
contiguity or density required for the establishment of separate planning entities,
alternatives for settlement will be examined through dialogue with the residents. Finally a
small number of families will have to relocate mainly for reasons of humanitarian risk. For
A/HRC/WG.6/17/ISR/1
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example, those who live in close proximity to the Ramat Hovav Toxic Waste Disposal
Facility will relocate to a community several kilometers from their present location, as part
of future expansion of that community.
E. Combatting illegal immigration
114. In recent years, and in growing numbers since 2008, the phenomenon of mass
movement of people through the border with Egypt raised significant challenges for the
Israeli society and economy. In 2008 9142 crossed the border from Egypt and in 2009,
5305 people arrived. In 2010, the numbers almost tripled to 14,747. This rise continued in
2011, when numbers reached 16,851. In 2012, 10,322 people crossed the border. In 2013
(until August 2013) 28 people crossed the border.
115. The problem of controlling the State borders while upholding the rule of law is
certainly not unique for Israel. Many other countries face similar dilemmas. However, the
situation in Israel is much more complex than that of other developed countries. Israel is the
only OECD member with a land border with Africa, which makes it a comparatively
accessible for those who wish to enter. Moreover, Israel is located in a difficult
neighborhood. Many scholars see problems of migration as a regional phenomenon and
believe that policies for coping with it should be regionally-based. However, due to Israel's
unique geostrategic situation and the current political instability surrounding its borders it
becomes practically impossible to develop such regional cooperative solutions.
116. The Jewish people's history, and the fact that during the Holocaust many Jews were
asylum seekers, makes Israel highly sensitive to this humanitarian issue. Due to our shared
memory, Israel was among the first countries to adopt and ratify the 1951 Refugee
Convention. Israel applies the convention and all other human rights instruments to which it
is a party. Israel thus ensures that no person is returned to a country where he/she might
face serious threats to life or person. This undertaking, despite increasing challenges, is
derived from Israel's obligations under international law and from the commitment of the
Government of Israel to protect the human rights of these individuals.
117. One significant example of the due seriousness in which Israeli authorities,
including in particular the Israeli judiciary, take the need to ensure a delicate balance
between human rights of migrants and state national interests, can be found in the High
Court of Justice's recent decision of 16 September, 2013. The High Court ruled in a petition
filed by several NGOs, regarding the constitutionality of the Prevention of Infiltration Law
(Offenses and Jurisdiction) (Amendment no. 3) 5772-2012. This amendment entered into
force in January 2012, as a temporary provision. Under Section 30A of the Law, as
amended, a person that enters Israel illegally can be held in detention for a period of up to
three years, subject to certain exceptions. An extended panel of nine Judges ruled that
holding persons for such a long period of time constitutes a material violation of their
rights, including liberty and dignity, as enshrined in Basic Law: Human Dignity and
Liberty, and is thus unconstitutional. The Court therefore annulled Section 30A of the Law
(H.C.J. 7146/12 Naget Serg Adam et. al. v. The Knesset et. al. (16.9.2013)).
F. The Israeli-Palestinian peace process
118. Further to Recommendations 31, 34, 36 (Turkey, Malaysia, Maldives, Sudan,
South Africa, Yemen, Jordan, Pakistan, Egypt, Kuwait), the recent resumption of the
direct negotiations for peace, headed by US Secretary of State John Kerry, are a welcome
step. PM Netanyahu announced its commitment to this process in his speech at Bar-Ilan
University in June 2009, where he stated that: "in my vision of peace, in this small land of
A/HRC/WG.6/17/ISR/1
25
ours, two peoples live freely, side-by-side, in amity and mutual respect. Each will have its
own flag, its own national anthem, and its own government. Neither will threaten the
security or survival of the other." PM Netanyahu reechoed this view in his remarks
following Kerry's announcement of the resumption of talks on 20 July 2013: "I view the
resumption of the diplomatic process at this time as a vital strategic interest of the State of
Israel. It is important to try and bring about the conclusion of the conflict between us and
the Palestinians"; and again in his address before the 68th Session of the U.N. General
Assembly, on 1 October 2013: "Israel continues to seek an historic compromise with our
Palestinian neighbors, one that ends our conflict once and for all... I remain committed to
achieving an historic reconciliation and building a better future for Israelis and Palestinians
alike."
119. Israel is willing to make painful compromises towards peace and will act to achieve
this through negotiations conducted on the basis of mutual recognition, signed agreements
and cessation of violence.
GE.13-19045
*1319045*
Human Rights Council
Twenty-fifth session
Agenda item 6
Universal Periodic Review
Report of the Working Group on the Universal
Periodic Review*
Israel
* The annex to the present report is circulated as received.
United Nations A/HRC/25/15
General Assembly Distr.: General
19 December 2013
Original: English
Please recycle@
A/HRC/25/15
2
Contents
Paragraphs Page
Introduction............................................................................................................. 1–5 3
I. Summary of the proceedings of the review process................................................ 6–135 3
A. Presentation by the State under review........................................................... 6–22 3
B. Interactive dialogue and responses by the State under review........................ 23–135 5
II. Conclusions and/or recommendations .................................................................... 136–138 13
Annex
Composition of the delegation ......................................................................................................... 29
A/HRC/25/15
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Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its seventeenth session
from 21 October to 1 November 2013. The review of Israel was held at the 14th meeting on
29 October 2013. The delegation of Israel was headed by Ambassador Eviatar Manor,
Permanent Representative, Permanent Mission of Israel to the United Nations Office at
Geneva. At its 19th meeting, held on 1 November 2013, the Working Group adopted the
report on Israel.
2. On 14 January 2013, the Human Rights Council mandated the President to select the
following group of rapporteurs (troika) to facilitate the review of Israel: Maldives, Sierra
Leone and the Bolivarian Republic of Venezuela.
3. The Human Rights Council, in its decision OM/7/101, had decided to reschedule the
review from 29 January 2013 to the seventeenth session of the Working Group on the
Universal Periodic Review at the latest.
4. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of
the annex to resolution 16/21, the following documents were issued for the review of Israel:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/17/ISR/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/15/ISR/2, A/HRC/WG.6/17/ISR/2 and Corr. 1);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/15/ISR/3 and Corr.1 and A/HRC/WG.6/17/ISR/3).
5. A list of questions prepared in advance by Germany, Mexico, the Netherlands,
Norway, Slovenia, Sweden and the United Kingdom of Great Britain and Northern Ireland
was transmitted to Israel through the troika. These questions are available on the extranet of
the universal periodic review (UPR). Summaries of additional questions made during the
interactive dialogue are to be found in section I, subsection B, of the present report.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
6. Eviatar Manor, the head of the delegation, noted that Israel came to its second
review with strong reservations regarding the Human Rights Council. The discrimination
against, and the unfair treatment of, Israel continued. The infamous item 7 still featured on
the agenda of every Council session and Israel was not a member of any geographical
group.
7. In March 2012, Israel had said: “Enough.” Israel suspended its relations with the
Human Rights Council and with OHCHR. In June 2013, the Ambassador wrote to the
President of the Council to reaffirm his intention to pursue a diplomatic engagement. The
results of that dialogue and ongoing engagement had allowed Israel to undergo the UPR.
Israel had made its decision because it respected United Nations resolutions, human rights
in general, and human rights mechanisms in particular. But the unfair treatment of Israel
must come to an end. The delegation hoped that the appearance by Israel under the
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universal periodic review would go a long way to restore equality and fairness regarding
Israel in Geneva.
8. Israel came to the review with respect for the process, belief in the importance of its
universality and cooperative nature, and with great pride in its achievements.
9. The delegation referred to information contained in the national report, including the
final chapter, which looked at challenges, constraints and opportunities. The main challenge
Israel was facing was its relations with the Palestinians. Recent resumption of direct
negotiations for peace was a welcome step. In that context, the delegation pointed out that
Israel had agreed to release Palestinian prisoners as a confidence-building measure. A
second group of prisoners was being released that night. Their release illustrated the
determination of Israel to reach an agreement with its Palestinian neighbours that would,
once and for all, end the conflict.
10. The engagement by Israel with human rights bodies and mechanisms reflected those
principles. Israel was a party to the core human rights treaty bodies, and had, between 2009
and 2013, completed its examination by six treaty bodies. Moreover, during 2011, Israel
had hosted the United Nations High Commissioner for Human Rights and the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression. Israel also had hosted the Special Rapporteur on adequate housing as a
component of the right to an adequate standard of living, and on the right to nondiscrimination
in this context, in February 2012, and the Special Representative of the
Secretary-General for Children and Armed Conflict, in 2009.
11. Since its establishment, Israel had had to balance a difficult and complex security
situation with democratic traditions and the respect for human rights. Such challenges
strained the delicate balance between the effective steps necessary to overcome the various
threats to a State’s security and the protection of human rights.
12. The delegation noted that they had come to listen to comments and
recommendations, which they would study closely, and that they would report on the
implementation of recommendations received during the first cycle of the UPR.
13. Shai Nitzan, Deputy Attorney General (Special Affairs), Ministry of Justice, noted
that the national report, the presence of the members of the delegation, the periodic reports
submitted by Israel to human rights treaty bodies and the State’s interactive dialogue with
such bodies were opportunities for in-depth self-examination and identification of
challenges.
14. Israel had been subjected regularly to significant, and often politically motivated,
scrutiny over the years, disproportionate to the worldwide human rights situation. Israel
worked regularly with various international and domestic bodies and non-governmental
organizations (NGOs) involved with human rights issues, including with the Minerva
Center and civil society on the reporting process and follow-up with the human rights treaty
bodies.
15. Israel was aware of the complexity of its multicultural society and of the vital need
to protect human rights, and to strike an appropriate balance between protection of human
rights and the public interest.
16. Mr. Nitzan noted that the extremely limited scope of his statement did not permit
him to cover all improvements pertaining to the implementation of human rights in Israel.
17. Israeli courts played a crucial role in anchoring and promoting human rights in
Israeli society. The courts were empowered to conduct a judicial review of any act of
legislation, in the light of the Basic Laws. Mr. Nitzan provided examples in that regard.
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18. The delegate noted the establishment, in 2011, of a joint interministerial team for
reviewing and implementing the concluding observations of human rights treaty bodies.
19. Reference was also made to the public commission of inquiry that was mandated,
among other responsibilities, to assess whether the mechanisms for examining and
investigating claims raised in relation to violations of the laws of armed conflict conformed
with the obligations of Israel under international law. The commission, which was headed
by a Supreme Court Judge and included two distinguished international observers,
concluded in its comprehensive report that the State’s mechanisms generally complied with
those obligations. The Prime Minister decided to establish a professional team that would
study the recommendations of the report, examine the need for modifications and
improvements, and suggest specific modes of action.
20. Israel had given consideration to the recommendations from the previous review,
including on the legal regime in the West Bank, especially regarding minors. A Juvenile
Military Court had been established in the West Bank to guarantee adequate and
professional care for juveniles. The age of majority had been raised from 16 to 18 years.
21. The delegate referred to steps taken to facilitate everyday life and the observance of
religion for the Palestinian population in the West Bank, especially during the holiday of
Ramadan, and to increases in the number of work permits for Palestinian workers.
22. Israel was open to constructive criticism and looked forward to working within the
framework of the UPR mechanism, in a process conducted on the basis of universality,
impartiality and professionalism, so that the shared goal of promoting and enhancing
human rights could be fully achieved.
B. Interactive dialogue and responses by the State under review
23. During the interactive dialogue, 73 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report. All written
statements of the delegations, to be checked against delivery on the United Nations
Webcast archives,1 are posted on the extranet of the Human Rights Council when
available.2
24. Nicaragua expressed its regret that many of the recommendations from the first
review still had not been implemented.
25. Nigeria noted that the national report had been made available rather late, making it
difficult to consider it before the review.
26. Norway recognized the continued interaction of Israel with the treaty bodies and
welcomed the ratification of the Convention on the Rights of Persons with Disabilities
(CRPD).
27. Oman noted that many recommendations had not been implemented, and called
upon the international community to take necessary actions to stop Israel’s aggression.
28. Pakistan condemned the human rights violations in the occupied Arab territories.
1 United Nations webcast archives. Available from http://webtv.un.org/meetings-events/human-rightscouncil/
universal-periodic-review/17th-upr/watch/israel-review-17th-session-of-universal-periodicreview/
2782065993001.
2 Available on the UPR Extranet at
https://extranet.ohchr.org/sites/upr/Sessions/17session/Israel/Pages/default.aspx.
A/HRC/25/15
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29. On a point of clarification, the State of Palestine stated that the presence of Israel
that day was partial and had no value; there could be no selectivity for any country or any
member and therefore Israel was obliged to comply with the resolution establishing the
Human Rights Council. It stated that the report submitted by Israel had no value, since it
failed to address at all human rights in the land of the State of Palestine which was under
occupation by Israel. Turning to the review, it asked about the legal basis for the
confiscation of the identity cards of Palestinians residing in Jerusalem and where the border
of Israel was located.
30. In response, Israel indicated that the statement made by the Palestinian
representative was neither a point of clarification nor a procedural motion, but rather the
use of extra time to make his statement. Israel had come to the meeting in the spirit of
dialogue and the delegation was prepared to answer all questions regarding the territories
under the State’s control.
31. Poland welcomed the national report and the return of Israel to the Human Rights
Council.
32. Portugal expressed concern about discrimination and inequality, inter alia, the
distinction between Jewish and Arab citizens, and discrimination against women.
33. Qatar referred to the failure by Israel to cooperate with the Human Rights Council
and the United Nations mechanisms responsible for monitoring the human rights situation
in the occupied Palestinian territories.
34. The Republic of Korea noted that the promotion and protection of human rights was
ensured in institutional and practical terms.
35. The Russian Federation drew attention to the human rights concerns in the occupied
Palestinian territory.
36. Morocco referred to issues such as the lack of measures to protect Palestinian
civilians and attempts to change the nature of Jerusalem.
37. Saudi Arabia made only recommendations.
38. Slovakia encouraged Israel to ensure a balance between the rights of migrants and
national interests and legislative measures related to freedom of religion.
39. Slovenia welcomed progress made regarding children in Israeli military detention.
40. While acknowledging the Government’s efforts to strengthen the promotion and
protection of human rights, South Sudan also called for strengthened efforts to protect the
rights of all citizens.
41. South Africa expressed support for the mediation efforts and welcomed the reestablishment
by Israel of normal relations with the Human Rights Council.
42. Spain welcomed the participation by Israel in the review.
43. The Sudan noted the negative consequences that the State’s nine-month period of
non-cooperation had on the work of the Human Rights Council and the UPR.
44. Sweden asked about measures to limit the use of administrative detention, and
requested more information about efforts to protect women and girls from gender-based
violence.
45. Switzerland referred to the situation of minorities, asylum-seeking procedures, the
settlements and the blockade affecting the civilian population in Gaza.
A/HRC/25/15
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46. The Syrian Arab Republic hoped that the Human Rights Council would be able to
contribute to implementing United Nations resolutions aimed at ending the Israeli
occupation of Arab territories.
47. Thailand called on Israel to, inter alia, end the blockade of the Gaza Strip, lift
restrictions on movements and ensure non-discriminatory treatment of Jewish and non-
Jewish peoples.
48. The former Yugoslav Republic of Macedonia asked to be informed about progress
in the implementation of recommendations under the first UPR as well as those of the treaty
bodies.
49. Tunisia deplored the non-submission of a national report and the considerable delay
in the review, which, added to the boycott of the human rights mechanisms, constituted a
case of persistent non-cooperation that the Human Rights Council and the General
Assembly should take seriously in order to preserve the universality and credibility of the
UPR.
50. Turkey considered that the improvement of the human rights record primarily
required the ending of the occupation in the territories of the State of Palestine.
51. The United Arab Emirates asked what steps would be taken to implement Human
Rights Council resolutions and, in particular, the conclusions of various reports of human
rights mechanisms.
52. The United Kingdom of Great Britain and Northern Ireland expressed concern over
Israeli practices in the occupied Palestinian territories, including the extensive use of
administrative detention.
53. The United States of America noted its strong belief that every State Member of the
United Nations should fully participate in the UPR, and commended Israel for its
commitment to upholding human rights.
54. Uruguay encouraged progress in the peace negotiations between Israelis and
Palestinians.
55. The Bolivarian Republic of Venezuela regretted the disregard by Israel for the
recommendations of the Human Rights Council.
56. Algeria was gravely concerned by the serious non-compliance with UPR procedures
and rules and by such a dangerous precedent.
57. Argentina highlighted the ratification of CRPD and encouraged Israel to continue to
advance in the adoption of the remaining human rights instruments.
58. Australia welcomed several measures, remained concerned at restrictions on
freedom of movement, and noted the concern expressed by Israel about being singled out in
item 7 of the Human Rights Council agenda.
59. Austria asked whether the position of Israel had evolved on the issues of
discrimination against Arab Israeli citizens and the protection of human rights defenders.
60. Bahrain expressed its concern about the delay in the review of Israel and about the
situation of Palestinian children.
61. Referring to comments made by the Syrian Arab Republic, the head of the
delegation noted that he had not seen masses of Golan Heights inhabitants rushing to visit
their families in the Syrian Arab Republic.
62. In response to an advance question by Norway, the delegation noted that, despite
increasing challenges, and in line with the State’s responsibility under international law,
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Israel took significant steps to promote the standards of living of Palestinians and
cooperated with the Palestinian Authority, which had the responsibility for the vast majority
of the Palestinian population. The United Nations Development Programme development
index showed that the Palestinian Authority was above the regional average.
63. Israel was also working to improve the movement of people and goods in the West
Bank. Currently there were only a few checkpoints in place, which were normally open.
64. Responding to an advance question by Mexico and Slovenia, the delegation stated
that, as enshrined in the declaration of independence and in many basic laws and court
rulings, equality and non-discrimination was the cornerstone of Israel’s democratic society.
65. In response to another question by Norway, the delegate noted that, as of August
2013, 126 of 133 localities with a predominantly Arab population had approved outline
plans.
66. Referring to a question on the Israel Defense Forces (IDF) and the Israel Security
Agency (ISA), the delegate said that both had supervising mechanisms. Regarding a
question from the United Kingdom of Great Britain and Northern Ireland and the
Netherlands, he noted that the IDF had established a system to investigate and pursue
allegations of misconduct. The Attorney General provided civilian oversight for any
decision of the Military Advocate General on whether or not to investigate or indict a
person suspected of war crimes and other crimes.
67. Responding to questions from Sweden, the Russian Federation, Spain and other
countries, Mr. Nitzan noted that administrative detention was a lawful security measure
under international law. It was used as a preventive measure against persons who posed
grave threats to the security of the West Bank and Israel and its population.
68. Another issue that had been raised by several countries, including the United
Kingdom of Great Britain and Northern Ireland, the Russian Federation, Spain and
Portugal, was connected to claims of torture by the ISA. The ISA was responsible by law
for the protection of Israel’s security against terrorist threats, espionage and other threats.
The ISA operated in accordance with the ruling of the High Court of Justice, and especially
the ruling from 1999 concerning ISA interrogations, forbidding any use of physical
pressure.
69. The prohibition of torture, as an offence, had not been legislated yet in Israel,
however, acts and behaviours defined as torture under article 1 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment constituted
offences under the Penal Code.
70. Hila Tene-Gilad, Director, Human Rights and Relations with International
Organizations, Ministry of Justice, addressed questions raised by Germany, the United
Kingdom of Great Britain and Northern Ireland and the Netherlands, as well as additional
questions by Switzerland and the United States of America.
71. The issue of the Bedouin population in the Negev presented a great challenge to
Israel in many aspects. With regard to planning, 18 Bedouin localities had approved outline
plans, and the planning procedures of six additional localities were ongoing. The
Government of Israel was encouraging movement to regulated localities by providing
financial benefits. Following the report of the Goldberg Committee, the governmental plan
for regulation of Bedouin housing in the Negev had been submitted. The Government had
resolved to anchor the implementation framework in legislation, a process carried out in
consultation and cooperation with the Bedouin population.
72. Nir Keidar, International Law Department, Israel Defense Forces, addressed the
issue of law enforcement regarding Palestinian minors in the West Bank, which had been
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raised by several States, including Germany, the Netherlands, Norway, Thailand and the
United Kingdom of Great Britain and Northern Ireland.
73. Israel has taken the utmost precautions in handling cases of crime perpetrated by
minors, which presented a specific set of challenges. Israeli authorities had to balance the
need to deal with serious, life-threatening crimes, often instigated or encouraged by terrorist
organizations, and the lack of cooperation from Palestinian authorities, which led to a lack
of alternatives to arrest and an environment of hostility towards the Israeli authorities, with
a fundamental need to act compassionately in accordance with the relevant international
standards.
74. All aspects of the criminal process were conducted according to clear and published
procedures and were frequently subject to judicial review. Throughout the process minors
were informed of their rights and had a right to legal representation.
75. In the past years an extensive and ongoing review of the criminal law framework
applicable in the West Bank had been carried out and had led to substantial amendments,
including the raising of the age of majority and the substantial shortening of detention
periods, the granting of status to parents during the proceedings, limitation periods for the
prosecution of minors and the possibility to order a probation officer’s report following the
criminal conviction of a minor.
76. Belgium commended the ratification of the majority of the human rights instruments
and asked whether Israel had considered ratifying the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (ICCPR-OP 2) and the Optional Protocol to the Convention on the Elimination of
All Forms of Discrimination against Women.
77. Cuba regretted Israel’s lack of cooperation with the Human Rights Council. It
referred to Israel as an occupying power violating international law.
78. Brazil acknowledged some important progress in realizing human rights, but
expressed concern about settler violence against Palestinian civilians.
79. Canada welcomed the participation of Israel and, referring to the section on minority
rights in the national report, asked about further developments towards equality,
participation in public life, and fair provision of public services and infrastructure since the
first UPR of Israel.
80. Chile reiterated the need to put an end to acts of violence and economic deprivation
affecting the Palestinian population. Chile called on Israel to end all expansion of
settlements.
81. China called for the release all Palestinian prisoners and the improvement of their
living conditions. It also expressed hope that Israel would lift the blockade on the Gaza
Strip as soon as possible.
82. Costa Rica noted the ratification of CRPD. In relation to the Palestinians and the
occupied Palestinian territories it called on Israel to respect international humanitarian law.
83. The Plurinational State of Bolivia noted that Israel had re-established its
commitment to the UPR, albeit with a delay.
84. Cyprus commended several aspects of human rights protection in Israel. It urged all
interested parties to refrain from actions that could undermine the negotiation process
between Israel and the Palestinians.
85. The Czech Republic expressed concern over the continued discrimination against
minorities, referring particularly to the situation of the Bedouins.
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86. Denmark recognized an overall decline in the use of administrative detention, but
remained concerned about the practice and continued allegations of torture and illtreatment.
87. Ecuador noted the commitment of Israel to ensure gender equality. It expressed its
belief that Israel should make efforts to eliminate discrimination against the Palestinian
population.
88. Egypt condemned, inter alia, the disrespect shown by Israel for United Nations
resolutions.
89. Estonia called on Israel to investigate all allegations of ill-treatment and bring to
justice those responsible. It expressed concern over military court proceedings involving
minors.
90. Finland noted the cooperation by Israel with the United Nations Children’s Fund
(UNICEF), and asked to hear about the steps taken to implement recommendations put
forward by UNICEF.
91. France welcomed the return of Israel to the UPR.
92. Germany asked what steps were being taken to implement the recommendations of
the Turkel Commission and about measures to reduce the use of administrative detention.
93. Greece expressed concern about settlement activities, and commended progress in
achieving equal treatment in relation to sexual orientation and gender identity
94. Guatemala welcomed Israeli-Palestinian discussions, which constituted a significant
advance towards peace in the Middle East. It noted concerns about the increase in
demolitions in the occupied Palestinian territory.
95. Hungary noted the continuing cooperation with treaty bodies, and asked about steps
envisaged to improve the rights of minorities.
96. Iceland urged the halting of all settlement activities and the withdrawal of settlers
from the occupied Palestinian territory. It encouraged the effective implementation of
legislation and dialogue with the Palestinian authorities on violence against women, as well
as the withdrawal of the reservation to the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW).
97. Indonesia noted the ratification by Israel of CPRD, but expressed concern about
policies such as the wall in the occupied Palestinian territories.
98. Ireland raised several human rights concerns, and urged Israel to implement the
recommendations of a March 2013 UNICEF report.
99. The Islamic Republic of Iran stated that persistent non-cooperation of the Israeli
regime with the UPR mechanism seriously jeopardized the periodicity, sanctity, reliability,
credibility and integrity of the whole UPR process. Despite systematic and flagrant
violations of international obligations by the Israeli regime, no concrete actions had yet
been taken. It further reiterated that the time was right for collective action to protect the
rights of Palestinians and alleviate the suffering of innocent people.
100. Israel made a point of order objecting to the use of the term “Israeli regime” by the
Islamic Republic of Iran in its statement.
101. The President of the Human Rights Council reminded delegates that it was of the
utmost importance that, when discussing human rights issues, everybody respected each
other’s views and upheld United Nations terminology and standards when referring to
countries.
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102. Iraq asked what measures ensured that the births of Palestinian children were
registered so that they could obtain identity documents.
103. Italy asked about measures to implement the Convention on the Rights of the Child
(CRC) and the law on youth in the West Bank, and to improve the socioeconomic
conditions of minorities.
104. Japan appreciated efforts by Israel to advance the rights of women and ethnic
minorities, but expressed concern over the reports of forced eviction of Palestinians.
105. Jordan expressed alarm that the right of self-determination of the Palestinian people
was still being violated by Israel.
106. Kuwait recommended that the international community take measures to protect the
rights of the Palestinian people and shoulder its responsibilities to hold accountable those
responsible for grave human rights violations which were committed daily against the
Palestinian people under occupation.
107. Latvia asked about measures envisaged to implement the recommendation of the
Committee on the Rights of the Child to ensure that children accused of having committed
security offences were detained only as a measure of last resort, in adequate conditions and
for the shortest possible period of time.
108. Libya referred to the indifference shown by Israel to the UPR. It commended the
release of Palestinian prisoners, and called for the withdrawal of Israel from the occupied
Palestinian territories.
109. Malaysia expressed its view that the situation in the occupied Palestinian territories
was worsening.
110. Maldives was deeply concerned by Israeli practices in Palestine, the lack of
commitment to the United Nations bodies, and violations of international human rights and
humanitarian law.
111. Mexico expressed its hope that the review would contribute to efforts to improve the
human rights situation in Israel, and congratulated the State for its ratification of CRPD.
112. Rwanda commended Israel for resuming its cooperation with the universal periodic
review mechanism.
113. The Netherlands commended the efforts made by Israel, but remained concerned
about the rights of Palestinian children in military custody and of the Bedouin community.
114. New Zealand welcomed the ratification of CPRD and Israel’s vibrant democracy,
independent judiciary and active civil society.
115. Lebanon made a point of order. Lebanon was among the countries which had not
registered on the list of speakers, because, among other principled reasons, the report had
not been made available for comment. It referred to paragraph 105 of the national report of
Israel, in which the Amal organization, which was a Lebanese nationalist resistance
movement that had a history in combating Israeli occupation, was labelled as a “terrorist
organization”.
116. In responding to the issues raised by Lebanon during a point of order, Israel recalled
that in July, the European Union had designated the Hezbollah military wing as a terrorist
organization. It noted that the report had mentioned the fact that a senior member of that
organization had been able to address courts in Israel and had received remedy.
117. Lebanon made a point of order. It noted that its previous comment was specific to
the reference to the Amal organization in the national report and not to any other political
faction referred to by the previous speaker.
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118. The President of the Human Rights Council recalled that it was the responsibility of
the State under review to draw up a national report as a basis for discussion in the session
of the Working Group. The publication of a national report as an official document of the
United Nations did not imply any official position on the content of that report.
119. The State of Palestine made a point of order. It noted that the current meeting was
the UPR of Israel and, as such, Israel should not be mentioning members of parties that had
nothing to do with the questions on the table. It asked for a legal opinion on whether it was
possible to engage with the United Nations mechanisms but cease to engage with the
Human Rights Council.
120. The President said he had already addressed that question.
121. In response to Canada, the head of the delegation referred to affirmative action
regarding the Arab minority, in particular an increase of directors in public companies, and
the intention to increase annually the number of minority individuals employed in the civil
service and as judges.
122. Addressing additional comments, the delegation indicated that the Gaza Strip had
not been under Israeli control since 2005, following the implementation by Israel of the
disengagement initiative. Since then, Israel could clearly be said to have no effective
control in the Gaza Strip. Any claim to the contrary had clearly distorted and misapplied the
established rules of international law. As a consequence, as had also been affirmed in 2007
by the Israeli High Court of Justice, Israel did not have a general duty to ensure the welfare
of the population of the Gaza Strip. The obligations of Israel towards the Gaza Strip
stemmed from the continuing state of armed conflict with the Hamas terrorist organization.
123. He stressed that the Hamas terrorist organization had violently seized control of the
Gaza Strip, and had established a terrorist entity. Israel had hoped that the disengagement
from Gaza would lead to a reduction in terrorist attacks and ultimately to a comprehensive
peace agreement with the Palestinians. However, attacks on Israeli civilians were still
frequent.
124. The State of Palestine made a point of order. It refused to accept that Hamas or any
other Palestinian faction be defined as terrorists. It suggested remaining focused on the
UPR of the State under review.
125. Israel further noted that, due to the volatile security situation, and in the light of the
obligations under international law, Israel had imposed a legal naval blockade to prevent
weapons transfer to Hamas.
126. Cuba fully supported the point of order that had been made by the State of Palestine.
127. Israel asked for the practice of using points of order for issues that were not
technical to be stopped.
128. The President of the Human Rights Council asked, in line with UPR modalities, that
delegations refrain from interpreting the State under review.
129. The policy of Israel was that all goods could enter the Gaza Strip freely through the
land passages that were open, with the sole exception of those goods that could pose a
security risk to Israel. Israel had also allowed entry into its territory in humanitarian cases,
such as for persons needing urgent medical care, and was very active in facilitating projects
funded and implemented by the international community.
130. Mr. Nitzan responded to comments made by Denmark, France, Italy and others,
noting that law enforcement against settlers’ violence was given special attention through a
combined interministerial team for addressing incitement, uprisings and ideological crimes.
In September 2012, the Minister of Public Security had announced the establishment of a
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new police unit which was intended to combat nationalist crimes and “price tag” offences,
which were aimed against Palestinians. Great effort was also being made in the prevention
of criminal activity.
131. Referring to incitement, and the criminal prosecution of racism in Israel, on which
Nigeria and other countries had commented, the delegate said that the law provided for a
penalty of up to five years’ imprisonment for publishing anything with the intent to incite to
racism, regardless of the outcome or the truthfulness of it, and many indictments had been
filed in recent years.
132. Ohad Zemet, Ministry of Foreign Affairs, Legal Department, responded to questions
from Germany, Italy, Norway, Rwanda, Slovakia and the United States of America relating
to immigrants. The history of the Jewish people made Israel highly sensitive to that
humanitarian issue. However, the situation of Israel was more complicated than other
developed countries and it was impossible to develop regional strategies for cooperation
with neighbours or countries of origin, as other States with similar challenges did. Israel
was currently granting protection to 60,000 people, who amounted to 95 per cent of all
individuals who crossed the border from Egypt; Israel provided them with access to work,
basic health care and education.
133. Ms. Tene-Gilad said that Israel had hundreds of NGOs active in a large number of
issues, including human rights. Israel placed no legal restrictions on the right of
organizations to engage in activities for the promotion and observance of human rights.
Organizations or individuals that presented themselves as a human rights
organization/activist/defender were not exempt from obeying the law.
134. In concluding, the delegation noted that, unfortunately, they were not able to address
all issues raised, but would study the recommendations and return with a response at a later
stage in the review process.
135. The delegation restated the respect Israel had for the UPR process, and noted that the
high-level delegation, national report, presentations and answers to the many questions
testified to that.
II. Conclusions and/or recommendations**
136. The recommendations formulated during the interactive dialogue and listed
below will be examined by Israel, which will provide responses in due time, but no
later than the twenty-fifth session of the Human Rights Council in March 2014:
136.1. Ratify ICCPR-OP 2 (Portugal)/Abolish completely the death penalty
and ratify ICCPR-OP 2 (Spain);
136.2. Consider withdrawing the reservations to articles 7 and 16 of
CEDAW (Latvia);
136.3. Consider ratifying the ICRMW (Rwanda);
136.4. Sign and ratify the OP-ICESCR and the OP-CRC-IC (Portugal);
136.5. Ratify the OP-ICESCR, OP-CAT and CPED. Ratify furthermore the
Rome Statute that Israel signed in 2000 (France);
136.6. Sign and/or ratify the OP-CAT, CPED and ICRMW (Ecuador);
** Conclusions and recommendations have not been edited.
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14
136.7. Consider signing and ratifying the CPED and accept the competence
of its Committee (Argentina);
136.8. Make the declarations under articles 21 and 22 of CAT and withdraw
its reservation with regard to article 20 of CAT, as recommended by the
Committee (Austria)/Accede to the OP-CAT and recognize the competence of
CAT to receive and consider communications according to articles 21 and 22 of
the CAT (Denmark)/Ratify the OP-CAT and recognize the competence of CAT
to examine individual complaints (Poland)/Effectively ban torture in all its
forms and ratify the OP-CAT (Portugal)/Recognise the competence of treaty
bodies to examine individual complaints by ratifying the respective optional
protocols, in particular OP-CAT (Czech Republic)/Ratify OP-CAT (Costa
Rica)/ Ratify OP-CAT and, although not a human rights instrument per se, the
Rome Statute of the International Criminal Court (ICC) (Hungary);
136.9. Ratify OP-CAT (Estonia);
136.10. Ratify the CPED, OP-CAT, the Rome Statute of the ICC, and the
Additional Protocols I and II of the Geneva Conventions of 12 August 1949
(Austria);
136.11. Ratify the Rome Statute of the ICC and the Agreement on the
Privileges and Immunities of the ICC, and to fully align its national legislation
with all of the obligations under the Statute (Estonia);
136.12. Ratify the Rome Statute of the ICC and fully align its legislation with
the Rome Statute (Slovenia)/Ratify the Rome Statute and integrate its
provisions in the national legislation (Tunisia)/Consider the ratification of the
Rome Statue of the ICC and prepare a law on cooperation between the state
and the ICC (Uruguay);
136.13. Comply with international humanitarian law provisions, in
particular with the IV Geneva Convention (Cuba);
136.14. Ratify Additional Protocols I and II to the Geneva Conventions of 12
August 1949 (Estonia);
136.15. Adhere to the Additional Protocols I and II to the Geneva
Conventions (Uruguay);
136.16. Ratify the 1961 Convention on the Reduction of Statelessness, and
take appropriate steps to ensure that the human rights of refugees and asylumseekers
are fully respected, including with regard to access to health care and
social welfare services (Germany);
136.17. Revise fundamental and other relevant laws with a view to enshrining
explicitly in those the principles of equality and non-discrimination (Tunisia);
136.18. Ensure the principles of equality and non-discrimination by including
the principle in the Basic Law and legislation (Republic of Korea);
136.19. Consider including the provision on gender equality and nondiscrimination
in its Human Rights and Liberty Law (Thailand);
136.20. Abrogate all discriminatory laws against non-Jewish children
(Tunisia);
136.21. Evaluate regulations and laws, including those which grant the
Orthodox Rabbinate the right to determine policies affecting non-Orthodox
Jews and non-Jews, to ensure that they do not discriminate against persons,
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15
especially women, based on their religious beliefs or lack thereof (United States
of America);
136.22. Incorporate CAT into domestic law and investigate and prosecute
those suspected of torture and other cruel, inhuman or degrading treatment
(Spain);
136.23. Introduce an alternative civil legal framework for marriage and
divorce as an equally accessible option for everyone (Czech Republic);
136.24. Consider taking appropriate legislative steps to allow civil law
marriage in Israel (Germany);
136.25. Establish a national human rights institution in line with the Paris
Principles (Nigeria)/Establish an independent national human rights institution
in compliance with the Paris Principles (Poland)/Establish a national human
rights institution in conformity with the Paris Principles (Uruguay)/Establish
an independent national human rights body (South Sudan);
136.26. Consider establishing a national human rights body that
institutionalizes its efforts to promote human rights and engage all stakeholders
(Thailand);
136.27. Ensure the full enjoyment of all persons under Israel's jurisdiction,
including the Arab minority in Israel proper (Jordan);
136.28. Given continued concerns regarding lethal use of force, implement
the recommendations of the second Turkel Commission report, concerning
domestic mechanisms for investigating complaints in relation to violations of
the laws of armed conflict (United Kingdom of Great Britain and Northern
Ireland);
136.29. Respect international law and prevailing mechanisms of the United
Nations (State of Palestine);
136.30. Uphold its obligations under international human rights and
humanitarian law, and implement all relevant Human Rights Council
resolutions including those under agenda item 7, not only in its own territory,
but also in places under its control (Maldives);
136.31. Cooperate fully with all human rights mechanisms (Nigeria);
136.32. Resume full cooperation with the Human Rights Council and with
OHCHR (Spain);
136.33. Cooperate with the human rights system by accepting to receive the
missions of the Human Rights Council as established by its resolutions (Brazil);
136.34. Enhance cooperation with the Human Rights Council and continue to
fully engage in the international human rights mechanisms (Republic of
Korea);
136.35. Continue to cooperate with the Human Rights Council (the former
Yugoslav Republic of Macedonia);
136.36. Restart its full participation with the Human Rights Council,
including all its mechanisms and OHCHR (Bolivia (Plurinational State of));
136.37. Strengthen its cooperation with international human rights
mechanisms, in particular with the Human Rights Council (Japan);
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136.38. Implement immediately all United Nations resolutions, particularly
those of the Human Rights Council (Saudi Arabia);
136.39. Implement all international resolutions, which emphasize the
preservation of the character and the monuments of East Jerusalem and
refrain from changing its legal status and threatening its sanctuaries and
spiritual symbols (Morocco);
136.40. Participate in the Human Rights Council and its mechanisms with a
view to preserve the universality of the universal periodic review (Guatemala);
136.41. Act in conformity with United Nations resolutions and the norms of
international law and to resume full cooperation with the United Nations
Human Rights Council (Turkey);
136.42. Address the recommendations from treaty bodies to which it is a
State Party (Nicaragua);
136.43. Increase its efforts to implement the recommendations of the treaty
bodies on equality and non-discrimination (Portugal);
136.44. Increase efforts to implement the recommendations of treaty bodies
and include general non-discrimination provisions for all Israeli citizens in the
framework of basic law (Austria);
136.45. Implement without delay the recommendations of treaty bodies and
special procedures of the Human Rights Council (Tunisia);
136.46. Comply with its legal obligations under international law alongside
its obligations deriving from international human rights treaties to which Israel
is a party (Indonesia);
136.47. Abide by its international legal obligations, including those under the
Fourth Geneva Convention (Ireland);
136.48. Comply with its international obligations, in particular the Fourth
Geneva Convention, and comply with the resolutions on human rights of the
United Nations (Venezuela (Bolivarian Republic of));
136.49. Fully implement its obligations under international law, including
international human rights law and international humanitarian law, in
particular the 1949 Fourth Geneva Convention, relating to the treatment of
non-combatants (Malaysia);
136.50. Cooperate with all United Nations special procedures and
mechanisms (Pakistan);
136.51. Extend an open invitation to the special procedures of the Human
Rights Council and allow them to visit the country (Nicaragua)/Issue a standing
invitation to the special procedures (Slovenia)/Extend a standing invitation to
all the special procedures of the Human Rights Council (Uruguay)/Extend a
standing invitation to all special procedure mandate holders to achieve the
human rights goals mentioned in resolution 12/9 of the Human Rights Council
(Saudi Arabia)/Extend an open invitation to the special procedures
(Guatemala);
136.52. Implement the recommendations of the Special Rapporteur on
freedom of religion or belief to Israel to issue non-selective rules for the
protection and preservation of religious sites and to designate holy sites on a
non-discriminatory basis (Morocco);
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136.53. Provide equal rights for all citizens of Israel regardless of their origin
and confession, allowing them equal access to employment, education and other
socio-economic rights as well as participation in political processes (Russian
Federation);
136.54. Amend the basic laws and other legislation in order to include the
prohibition of discrimination and the principle of equality, in accordance with
the recommendations of United Nations human rights treaty bodies (Finland);
136.55. Abrogate all discriminatory laws and practices against some groups
of populations under its jurisdiction, in particular in the areas of access to
justice, employment, education, health, right to property, freedom of expression
and opinion, and freedom of religion and belief (Tunisia);
136.56. Continue all efforts to eliminate discrimination based on sexual
orientation and gender identity (Greece);
136.57. Review legislation which establishes direct and indirect
discrimination of national and religious minorities (Russian Federation);
136.58. Increase efforts to ensure non-discrimination, particularly in the
areas of access to justice, property rights and housing rights (Canada);
136.59. Accelerate the examination of complaints on discrimination and
apply relevant judgments (Tunisia);
136.60. Consider additional measures to improve the status of women in all
communities with a view to promote equality in law and practice (Canada);
136.61. Intensify efforts to fight racism and xenophobia (Nigeria);
136.62. Eliminate all forms of discrimination against persons of African
descent (Tunisia);
136.63. Advance in the adoption of measures that are considered necessary to
combat the discrimination that suffer the non-Jewish sectors of the population
(Argentina);
136.64. Intensify its efforts to combat gender-based violence against women
and girls, including from minority communities (Sweden);
136.65. Persist investigating allegations of violence and ill-treatment by the
Police Forces and ensure that international human rights standards are
respected at all levels of public administration (Cyprus);
136.66. Fight impunity by thorough and impartial investigations on all the
allegations of human rights violations, including when these allegations involve
members of security forces or settlers (France);
136.67. Take steps to ensure the rights to health, education, and other rights
dependent on freedom of movement are protected (Australia);
136.68. Intensify efforts to prevent and tackle any act aimed at reducing or
impeding the full enjoyment of the freedom of religion for any individual
(Italy);
136.69. Ensure freedom of religion or belief, including access to places of
worship (France);
136.70. Take all necessary measures to fight against manifestation of
religious intolerance and to thoroughly investigate all cases of religious hatred,
including acts of vandalism of religious sites (Slovakia);
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136.71. Adopt norms, and apply existing provisions, with a view to protect
the rights of religious minorities and ensure the preservation of religious sites
(Argentina);
136.72. Protection of and access to all sacred places of worship belonging to
Muslims, Christians and others (Pakistan);
136.73. End all violations of Muslim and Christian holy sites (Egypt);
136.74. Safeguard equitable protection to all places of worship, including all
Muslim and Christian sacred places (Cyprus);
136.75. Ensure access to religious sites, particularly in the Holy City of
Jerusalem (Jordan);
136.76. Ensure full and unrestricted access to holy sites for all members of
the clergy and worship without discrimination (Italy);
136.77. Refrain from preventing or hindering the restoration of Islamic holy
shrines by the Waqf (Jordan);
136.78. End the policy of Judaizing Jerusalem and end all the violations
against the sanctity of the Al-Aqsa mosque and other places of worship (Qatar);
136.79. Lead progress made to a systemic solution of the issue of
conscientious objectors (Slovenia);
136.80. Ensure that human rights defenders are able to carry out their
legitimate work in a secure and free environment (Austria);
136.81. Continue to further promote women’s participation in all aspects of
public life and especially in political life (Greece);
136.82. Take measures to ensure compliance of the principle of same salary
for same work, putting special attention that distinctions due to religion, ethnic
or gender do not prevent the respect of this principle (Mexico);
136.83. Strengthen its efforts to close the gaps in the infant and maternal
mortality rates (New Zealand);
136.84. Redouble efforts to fill the gaps among the infant and maternal
mortality rates of Jewish, Arab-Israeli and Bedouin children and women
(Belgium);
136.85. Take measures to ensure a fair access to education, without
distinction of the origin or gender of the person (Mexico);
136.86. Put into practice additional measures which encourage a larger
presence of Arab students in university lecture halls as well as a policy
encouraging the inclusion of Arab lecturers in the universities (Spain);
136.87. Take further steps in the area of promotion and protection of the
rights of persons with disabilities, to improve accessibility to services, including
for persons with disabilities living in disadvantaged areas (Canada);
136.88. Continue progress on various relevant programs, including broadbased
accessibility projects for persons with disabilities in the country
(Indonesia);
136.89. Take further steps to overcome the obstacles faced by persons with
disabilities in accessing the labour market, including through positive action
measures (New Zealand);
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136.90. Continue to strive to protect the rights of minorities (Cyprus);
136.91. Enhance its efforts to further promote the human rights of
minorities, including citizens of Arab origin, by promoting their participation
in politics, the economy and various sectors of society as well as by ensuring
their equal access to education, health care and other social services (Japan);
136.92. Strengthen the protection of rights of persons belonging to non-
Jewish minorities and to ensure an effective participation of all citizens in
political and public affairs (Czech Republic);
136.93. Ensure the enjoyment of economic, social and cultural rights in equal
conditions for minorities, particularly their right to work and to education
(Belgium);
136.94. Reconsider the current proposal, in order to better meet both the
State’s interest to regularise the habitation in Negev and the fundamental
rights of the Bedouin community (Netherlands);
136.95. Intensify efforts to advance the rights of the Arab minority
population in Israel (Norway);
136.96. Ensure, in practice, the non-discrimination and respect of the rights
of persons belonging to minorities, be they ethnic, cultural or religious, in
particular the Bedouin and the Arab (France);
136.97. Respect the Bedouin population’s right to their ancestral land and
traditional livelihood (Switzerland);
136.98. Continue efforts to ensure equal access of Bedouin communities to
education, work, housing and public health (Australia);
136.99. Protect the Bedouin citizens from discrimination and ensure their
rights to property, housing and public service on an equal basis with others
(Czech Republic);
136.100. Find a durable and equitable solution to the problems faced by the
Bedouin communities, particularly in the area of possession of land (Belgium);
136.101. Continue taking effective measures to eliminate discrimination
against Bedouin women and strengthen the respect of their fundamental rights
through concrete and voluntary measures (Belgium);
136.102. Take additional measures in order to reduce the school dropout rate
of Arab-Israeli and Bedouin girls and increase the number of these women in
higher education institutions (Belgium);
136.103. Implement previous commitments to increase state resources
allocated to Arab Israeli and Bedouin communities, especially for education,
and ensure equal access to education, housing, healthcare and employment for
individuals in these communities (United States of America);
136.104. Treat asylum seekers on its territory in compliance with the 1951
Convention relating to the Status of Refugees (Switzerland);
136.105. Ensure asylum seekers have access to a timely individualized refugee
status determination and provide for the release of those detained under the
Anti-Infiltration Law, in accordance with the recent decision by the Israeli
High Court of Justice (United States of America);
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20
136.106. Safeguard the rights of individual refugees and asylum seekers and
ensure their access to a fair procedure for examining their asylum requests
(Rwanda);
136.107. Change the public policies and abolish legislation, norms, mechanism
or discriminatory provisions against Palestinians living in Israel and in the
occupied territories, including putting an end to the segregated roads for the
exclusive use of the Israeli population, the settlements, the restrictions to the
freedom of movement of Palestinians, the control posts, and the separation
walls, the use of human shields in operations of the Israeli military and the
practice of selective killings through the use of drones (Ecuador);
136.108. Put an end to the policy of colonization with illegal settlements
(Cuba)
136.109. Fully restore the rights and dignity of the Palestinian people,
including their rights to life, to live in dignity, adequate food, housing, health
and education, as well as their freedom of movement (Malaysia);
136.110. Ensure non-discrimination to the Palestinian families in Israel
regarding health and education of children, in particular those living in
poverty, rural areas and refugee camps (Tunisia);
136.111. Put an end to the military attacks against the civilian population, the
practice of targeted killings, and the torture and ill treatment of Palestinian
prisoners (Cuba);
136.112. Take measures to provide for the safety and protection of the
Palestinian civilian population and adhere to international standards on
juvenile detention (Norway);
136.113. Ensure that detention of civilians, especially children, is carried out
in accordance with international law and standards and without any
discrimination paying particular attention to the recommendations of the CRC
(Finland);
136.114. Take all steps necessary to ensure that Palestinian children in
military custody receive the same level of care and have the same rights as
provided by Israeli criminal law to youth offenders (Netherlands);
136.115. End all Israeli arbitrary practices such as administrative detention of
Palestinians, forced exile, and sanctions (Egypt);
136.116. Release all the Palestinian and Arab prisoners and detainees in the
Israeli prisons, including women and children, and put an end to all forms of
torture exercised against them (Oman);
136.117. Release immediately all political prisoners and administrative
detainees (Pakistan);
136.118. Release all Palestinian prisoners in Israeli prisons as there is no legal
basis to which Israel has detained those political activists (State of Palestine);
136.119. End the illegal detention of Palestinians and the torture to which they
are subjected (Venezuela (Bolivarian Republic of));
136.120. Undertake an independent evaluation of its policy of administrative
detention with a view to ending this practice, guaranteeing that all those
detained without exception are brought before a judge and have immediate
access to a lawyer (Chile);
A/HRC/25/15
21
136.121. Release immediately all Palestinian, Syrian and other Arab political
detainees, and allow representatives of humanitarian organisations to visit
them and deal with their situation (Egypt);
136.122. Release all Arab prisoners and ensure that they are treated in
accordance with international humanitarian law and international human
rights law (Syrian Arab Republic);
136.123. Immediately halt all administrative detention and release all
Palestinian detainees and captives in Israeli prisons especially women and
children (Qatar);
136.124. Ensure that administrative detention is carried out in accordance
with international human rights standards (Denmark);
136.125. Ensure that administrative detention complies with Israel’s
international commitments, and that it remains an exceptional measure and of
a limited period, and that it is conducted in the respect of fundamental
guarantees, in particular the rights of the defence of detainees and the right to a
fair trial within a reasonable time (France);
136.126. End the solitary confinement of child detainees, and that audio-visual
recordings are made of all interviews with child detainees by the Israeli police
and security forces (United Kingdom of Great Britain and Northern Ireland);
136.127. Release all children in solitary confinement (Bahrain);
136.128. Put an end to the ill-treatment of suffering Palestinian prisoners,
particularly children, held in Israeli prisons (Turkey);
136.129. Unconditionally release all Palestinian prisoners especially children
and women (Libya);
136.130. Introduce limitations to the practice of administrative detention in
conformity with international law and to desist from its multiple extensions,
and eventually ending them (Slovenia);
136.131. Bring before a court all persons who are detained under an
administrative detention order and have them properly charged with a crime in
accordance with international standards (Spain);
136.132. Renounce the practices of arbitrary detention and end the use of
torture in places of detention (Russian Federation);
136.133. Ensure that the use of administrative detention is minimised and that
human rights are fully respected in the fight against terrorism (Sweden);
136.134. Use alternatives to detaining children, and enact regulations to
ensure greater protection of children’s rights particularly such as the use of
restraints and strip searches (Slovenia);
136.135. End the criminal military attacks in which thousands of innocent
persons have died and punish those responsible and who have gone unpunished
up until now (Venezuela (Bolivarian Republic of));
136.136. Discontinue criminal proceedings against Palestinian children in
military courts and ensure that children are not detained (Bahrain);
136.137. Do not undertake criminal proceedings against Palestinian juveniles
in military courts (Iraq);
A/HRC/25/15
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136.138. Stop taking any penal actions against Palestinian children in military
courts sand halt detention of all children (Saudi Arabia);
136.139. End urgently night arrests of Palestinian children, the admissibility
in evidence in military courts of written confessions in Hebrew signed by them,
their solitary confinement and the denial of access to family members or to
legal representation (Ireland);
136.140. Conduct an immediate and independent investigation into all cases of
torture and ill-treatment of Palestinian children and ensure that all persons
responsible for such practices are brought to justice and punished in a manner
proportionate to the gravity of their crimes (Bahrain);
136.141. Ensure that an independent body is established to investigate reports
of detained children’s exposure to torture and to cruel, inhuman or degrading
treatment (Bahrain);
136.142. Ensure that the Palestinians enjoy the religious and cultural rights
contained in the Universal Declaration of Human Rights and allow them
unhindered access to places of worship in conformity with the Fourth Geneva
Convention (Morocco);
136.143. Guarantee the enjoyment of all Palestinians with their culture, social,
and religious rights as per the Universal Declaration of Human Rights, and
allowing them to reach places of worship as per the fourth Geneva Convention
(Saudi Arabia);
136.144. Ensure the respect of freedom of expression and freedom of
movement of all; lift the ban on journalists from entering the Palestinian
territories (France);
136.145. Guarantee the Palestinian people access to all basic services,
especially drinking water (Venezuela (Bolivarian Republic of));
136.146. End discrimination against Palestinian households and children when
loans are made available in areas such as healthcare and create a strategy for
children in disadvantaged areas, in particular the Bedouin communities,
migrants and asylum seekers (Iraq);
136.147. Allow the return of the refugees (Venezuela (Bolivarian Republic
of));
136.148. Fully implement the advisory opinion of the ICJ concerning the
separation wall (Egypt);
136.149. Demolish the shameful wall of separation which violates the human
rights of the Palestinians (Venezuela (Bolivarian Republic of));
136.150. Put an end to the construction, and dismantle the illegal separation
wall (Cuba);
136.151. Dismantle the separation wall and halt the expansion of illegal
settlements (Maldives);
136.152. Cease immediately the colonization through construction of illegal
settlements (Pakistan);
136.153. Halt the colonization with illegal settlements and the destruction of
the homes, cultural and religious sites of the Palestinian people (Venezuela
(Bolivarian Republic of));
A/HRC/25/15
23
136.154. Suspend, without conditions, the expansion of settlements that violate
fundamental rights of the Palestinian population, and remedy the negative
impact (Costa Rica);
136.155. Acknowledge the right of all Palestinian refugees to return to their
homeland, as enshrined in the Fourth Geneva Convention (Pakistan);
136.156. Immediately ensure the right of return to all Palestinian refugees in
line with international law and relevant resolutions, in particular resolution 194
(State of Palestine);
136.157. Put an end to its policies that are contrary to international law and
international humanitarian law, respecting the enjoyment of the human rights
of the Palestinian people (Bolivia (Plurinational State of));
136.158. Apply the Fourth Geneva Convention in relation to the OPT (Bolivia
(Plurinational State of));
136.159. Adopt legal measures and other measures to supervise the
implementation of the CRC in the occupied Arab territories and, in conformity
with this convention, apply a definition of the child as a person under the age of
18 in the Palestinian territories as well (Uruguay);
136.160. Comply with the recommendations of its first UPR relating to human
rights violations against the Palestinian people (Nicaragua);
136.161. Fully respect international human rights law and international
humanitarian law, in particular the Fourth Geneva Convention on the
Protection of Civilian Persons in Time of War, in the OPT (Portugal);
136.162. Accept and implement the ICJ Advisory Opinion on the Legal
Consequences of the Construction of a Wall in the OPT (Brazil);
136.163. Respect all United Nations decisions and the withdrawal of Israel
from all the occupied Arab and Palestinian Land (Libya);
136.164. Stop building settlements in the Arab occupied territories and
implement the United Nations decisions in this regard (Oman);
136.165. Respect all the historical and human rights of the Palestinians
(Sudan);
136.166. Comply with resolutions that different organs of the United Nations
have adopted in relation to the conflict and occupation in Palestine
(Nicaragua);
136.167. Recognise the birth right of the Palestinian people to selfdetermination
and take concrete measures for the establishment of their
independent State with Jerusalem as its capital (Pakistan);
136.168. Complete Israeli’s withdrawal from all occupied Palestinian and
Arab territories (Qatar);
136.169. Immediately stop the blockade on the Gaza Strip (Qatar);
136.170. Bring all settlements building in the occupied Palestinian and Arab
Territories to a halt (Qatar);
136.171. Take urgent and immediate steps to end its occupation of all
Palestinian and Arab Territories occupied since 1967 (South Africa);
A/HRC/25/15
24
136.172. Put an end to the occupation of all occupied Arab land, including
East Jerusalem and the Golan Heights (Sudan);
136.173. Stop the transfer of its population to the occupied territory and put
an end to all measures that encourage or perpetuate the settlements
(Switzerland);
136.174. Withdraw unconditionally and put an end to the construction of
illegal settlements, including the so-called natural growth of existing settlements
in the West Bank, especially in and around Jerusalem, and restore other
occupied Arab territories (United Arab Emirates);
136.175. End the illegal occupation of Palestinian territory and of the Golan
Syria (Venezuela (Bolivarian Republic of));
136.176. End the inhuman blockade of Gaza (Venezuela (Bolivarian Republic
of));
136.177. Put an end to the occupation of all Arab and Palestinian territories,
including the Syrian Golan (Cuba);
136.178. Put an end to the blockade of the Gaza strip, and guarantee full
access to the Palestinian population to all basic services (Cuba);
136.179. Refrain from all settlement activities in occupied territories (Brazil);
136.180. End the occupation of all Palestinian territories, the Syrian Arab
Golan, and the occupied Lebanese territories (Egypt);
136.181. Lift immediately the blockade on the Gaza strip, and stop any Israeli
attacks on the Gaza strip (Egypt);
136.182. End all settlement activities in the occupied Arab territories,
including the West Bank and East Jerusalem (Egypt);
136.183. End its occupation of Palestinian and Arab territory (Jordan);
136.184. End the construction of all Israeli settlements in the occupied Arab
territories (Libya);
136.185. Immediately cease its illegal settlement activities (Turkey);
136.186. End its illegal and unlawful occupation of all Palestinian and Arab
Territories occupied since 1967, including Jerusalem (Malaysia);
136.187. Bring an end to the illegal construction of Jewish settlements and the
transfer of Jewish populations to the OPT without delay (Russian Federation);
136.188. Cease immediately all human rights violations in the occupied Arab
territories and implement all relevant United Nations resolutions (Pakistan);
136.189. Restore all victims of the occupation of Palestinian and Arab
territories, in conformity with international law norms (Bolivia (Plurinational
State of));
136.190. Stop all settlement activities (Jordan);
136.191. Ensure safe and unhindered access for all humanitarian personnel
and humanitarian assistance to the civilian population (Jordan);
136.192. Refrain from subjecting the civilian population to collective
punishment (Jordan);
A/HRC/25/15
25
136.193. Take urgent measures for the promotion and protection of the rights
of the Palestinian population (Russian Federation);
136.194. Develop mechanisms for overseeing the implementation of the CRC
in the OPT (Slovenia);
136.195. Commit as an occupying power to allowing the access for the Special
Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967 (Saudi Arabia);
136.196. Fully cooperate with the Special Rapporteur on the situation of
human rights in the Palestinian territories occupied since 1967 (Turkey);
136.197. Put forward the utmost efforts to implement all recommendations
made by the human rights mechanisms to provide people in the occupied
territories with the civil, political, economic, social and cultural rights in equal
manners (Republic of Korea);
136.198. Submit a report on the human rights situation in the OPT since Israel
assumed the responsibility for this territory as the occupying power (Saudi
Arabia);
136.199. Implement all Human Rights Council, General Assembly and
Security Council resolutions with regard to the OPT and other Arab territories
(South Africa);
136.200. Abide, as an occupying power, by all its obligations under
international law in the Palestinian territories (Turkey);
136.201. Cooperate fully with the United Nations mechanisms established to
follow the situation of human rights in the occupied Arab territories, especially
the Special Committee to investigate Israeli practices affecting the human
rights of the Palestinian people and other Arabs of the territories occupied by
Israel since 1967, and allow the Committee to visit the occupied Syrian Golan
(Syrian Arab Republic);
136.202. Prohibit policies and practices of racial segregation that
disproportionately affect the Palestinian population in the OPT (South Africa);
136.203. Give up racist and discriminatory laws and practices accompanying
the colonies in all the OPT, including Al Qods Asharif (Tunisia);
136.204. Put an end to the process of expanding colonies and to racial
discrimination which are an inadmissible violation of elementary rights of
Palestinians in the occupied territories, including Jerusalem (Algeria);
136.205. Effectively protect the Palestinian population in the occupied West
Bank, including East Jerusalem, against any form of discrimination which
impairs the equitable access to basic services or natural resources, including
water and land, or else the equal enjoyment of fundamental rights and
freedoms, particularly the right to equal protection before the law (Brazil);
136.206. Respect all human rights and fundamental freedoms of the
Palestinian people, especially their right to self-determination (Oman);
136.207. Cease immediately the demolition and destruction of public and
private Palestinian properties which constitute a violation of article 53 of the
Fourth Geneva Convention and articles 46, 53 and 55 of the Hague Regulations
(United Arab Emirates);
A/HRC/25/15
26
136.208. Set up an independent commission of inquiry to investigate the cruel,
inhuman and degrading treatment suffered by children in the OPT and stop
such actions (Iraq);
136.209. Strengthen its efforts to ensure all violent attacks in the West Bank
are investigated, and prosecuted by competent authorities (New Zealand);
136.210. Investigate all allegations of human rights violations and other crimes
committed on Palestinian land and prosecute those responsible (Denmark);
136.211. Enable the Syrian citizens in the occupied Golan to visit their
relatives in the motherland through the Al Quneitra crossing (Syrian Arab
Republic);
136.212. Stop the revocation of residency permits for Palestinians in East-
Jerusalem (Mexico);
136.213. Stop the revocation of permanent residency status of Palestinians in
East Jerusalem and provide adequate resources for the development of services
and infrastructure, including the creation of new schools (Norway);
136.214. Take immediate measures with a view to lifting the blockade and
guarantee freedom of movement of goods and persons between Gaza and West
bank, including East Jerusalem (Switzerland);
136.215. Adopt measures to ensure the freedom of movement of the
Palestinians within the OPT and lift the travel bans imposed on human rights
defenders (Chile);
136.216. Lift the military blockade imposed on the Gaza Strip and guarantee
access to goods and persons without restrictions (Bolivia (Plurinational State
of));
136.217. Immediately lift the on-going regime of military closures imposed on
the occupied Gaza Strip and guarantee unrestricted access of goods and
individuals in and out of the Gaza Strip (Malaysia);
136.218. Repeal all legislative and administrative measures aimed at the
judaization of occupied East Jerusalem, including those that allow excavations
in the vicinity of the Al Aqsa Mosque (Morocco);
136.219. End the judaization of Jerusalem (Libya);
136.220. Undertake necessary measures to guarantee the respect for the
freedoms and fundamental rights in the occupied territories such as, for
example, the right to freedom of movement of all persons (Spain);
136.221. Recognize the rights of the Palestinian people to self-determination
and respect their right to establish an independent state of which East
Jerusalem is the capital (Sudan);
136.222. Respect the right to self-determination of Palestine as an independent
and sovereign state with East Jerusalem as its capital (Venezuela (Bolivarian
Republic of));
136.223. Respect the rights of the Palestinian people to self-determination and
to have their sovereign independent state with East Jerusalem as its capital
(Egypt);
136.224. Recognize and respect the rights of the Palestinian people to selfdetermination
(Malaysia);
A/HRC/25/15
27
136.225. Recognize and respect the right of Palestinian people to selfdetermination
and end the occupation of all territories occupied since 1967
(Maldives);
136.226. Take all the necessary measures to guarantee for the Palestinians
who live in the occupied Palestinian territories access to adequate quantities of
drinking water and to appropriate sewage systems, including by facilitating the
entry of the materials required to reconstruct the water supply system and
sewage system in these territories (Uruguay);
136.227. Implement measures to facilitate the renovation of the infrastructure
for the supply of water in the occupied Arab territories (Uruguay);
136.228. Comply with the obligations of an occupying power, in line with
international humanitarian law, providing water and sanitation to the occupied
population (Bolivia (Plurinational State of));
136.229. Guarantee the right to housing of the Palestinians in the occupied
territories, including East-Jerusalem, stopping the demolition of Palestinian
houses and guaranteeing the property rights of the Palestinian population
(Mexico);
136.230. Respect the cultural identity of the Syrian citizens in the occupied
Syrian Golan and allow them to apply the national curricula (Syrian Arab
Republic);
136.231. Take practical measures to protect and respect the rights of
Palestinian refugees and the internally displaced Palestinians and give them
access to their homeland and their right to compensation for the losses and
prejudices they have endured throughout (Saudi Arabia);
136.232. Respect the right of return for all Palestinian refugees so that they
can return to their homeland, and be duly compensated for the damages they
and their property suffered from (Egypt);
136.233. Recognize the right of refugees to return to their homes (Jordan);
136.234. Commit to its obligations as an occupying power in the conservation
of natural resources and the environment in the occupied Arab territories
(Syrian Arab Republic);
136.235. Ensure for the Palestinians of the occupied territories access without
hindrance to their natural resources, particularly water resources, and
implement in this context the obligations stemming from international
humanitarian law (Algeria);
Follow-up to UPR
136.236 Commit to the implementation of all the recommendations received
at the first UPR (Oman);
136.237 Commit completely to implement the outcome of the first UPR
(Libya).
137. The recommendations listed below do not enjoy the support of Israel because
they contain the term “State of Palestine”. Israel considers that the term “State of
Palestine” was adopted as a result of General Assembly resolution 67/19 and at the
request of the PLO delegation to the United Nations. Israel wishes to reiterate that the
term does not imply the existence of a sovereign State of Palestine, nor recognition as
A/HRC/25/15
28
such; the issue of statehood, as well as all other permanent status issues, will be
decided between the parties only as part of a process of direct bilateral negotiations.
137.1. Ensure the preservation of the cultural and religious heritage in the
occupied State of Palestine, particularly in the Holy City of Jerusalem
(Jordan);
137.2. Mainstream the principle of non-discrimination and equality in the
Basic Law of Israel that discriminates against non-Jewish children and
undertake measures necessary to stop policies and measure that affect
Palestinians resident in the occupied State of Palestine (Saudi Arabia);
137.3. Guarantee freedom of movement for all people as well as free
movement of all goods within the Occupied State of Palestine and to and from
foreign countries (Saudi Arabia);
137.4. Prevent acts of torture and ill-treatment of children living in the
occupied State of Palestine and eliminate these acts which constitute a flagrant
violation of article 37 (a) of the CRC, and article 32 the Fourth Geneva
Convention (Bahrain);
137.5. Put an end to racial and discriminatory measures against the
Palestinians in the Occupied State of Palestine, including in East Jerusalem,
especially by continuing to building settlements (Saudi Arabia);
137.6. Ensure the protection and welfare of civilians in the occupied State of
Palestine (Jordan);
137.7. Withdrawal of Israel from the Gaza strip, East Jerusalem and the
West Bank, these are occupied territories of the State of Palestine that have
been recognised as such by 138 States on 29 November last year by the General
Assembly (State of Palestine).
138. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
A/HRC/25/15
29
Annex
[English only]
Composition of the delegation
The delegation of Israel was headed by H.E. Ambassador Eviatar Manor, Permanent
Representative, Permanent Mission of Israel to the United Nations in Geneva and
composed of the following members:
• Mr. Shai Nitzan, Deputy Attorney General (Special Affairs), Ministry of Justice,
Jerusalem;
• Ms. Hila Tene-Gilad, Adv., Director, Human Rights and Relations with
International Organizations, Ministry of Justice, Jerusalem;
• Mr. Daniel Meron, Head of Bureau United Nations and International Organizations
Division, Ministry of Foreign Affairs, Jerusalem;
• Mr. Ohad Zemet, Attorney, International Law Department Office of the Legal
Advisor, Ministry of Foreign Affairs, Jerusalem;
• Mr. Nir Keidar, Adv. International Law Department, Israel Defence Forces;
• Mr. Omer Caspi, Minister-Counsellor, Deputy Permanent Representative,
Permanent Mission of Israel, Geneva;
• Ms. Jennifer Motles Svigilsky, Human Rights and Humanitarian Affairs Officer,
Permanent Mission of Israel, Geneva.
GE.14-12172
*1412172*
Human Rights Council
Twenty-fifth session
Agenda item 6
Universal Periodic Review
Report of the Working Group on the Universal Periodic
Review*
Israel
Addendum
Views on conclusions and/or recommendations, voluntary commitments
and replies presented by the State under review
* The present document was not edited before being sent to the United Nations translation
services.
United Nations A/HRC/25/15/Add.1
General Assembly Distr.: General
20 March 2014
Original: English
Please recycle@
A/HRC/25/15/Add.1
2
I. Methodology and consultation process
1. The State of Israel is deeply committed to the Universal Periodic Review (UPR).
Following 18 months of suspension Israel appeared before the Council on October 29th,
underwent its periodic review and effectively renewed its relations with the UNHRC. As
noted by Ambassador Eviatar Manor, Permanent Representative of Israel to the United
Nations Office in Geneva: "Israel made its decision because we respect UN resolutions,
human rights in general and human rights mechanisms in particular." Moving forward, we
wish to turn the page and commence a new chapter with the UNHRC, a chapter in which
difficulties encountered in the past no longer arise, and where a positive and constructive
dynamic to our relations can take shape.
2. In this vein we have carefully reviewed the 237 recommendations received and left
to be examined by Israel during our second cycle UPR held on 29 October 2013, which
were listed in the report of the Working Group on the UPR(A/HRC/25/15, para.136
hereinafter: the Working Group's Report).
3. All relevant Government Ministries were consulted during the process of drafting
replies to all the observations and recommendations received. Working to incorporate the
inclusive and participatory processes espoused in the goals of the UPR, we also made
efforts to consider the views from civil society organizations at a meeting held on 19th
February 2014, at the Minerva Center for Human Rights at the Hebrew University of
Jerusalem. As a result of these consultations, we are pleased to report Israel has been able
to adopt 105 recommendations, in whole or in part.
4. The present Addendum is structured in accordance with the themes used on Israel's
National Report, submitted on 28 October 2013 (A/HRC/WG.6/17/ISR/1). When reviewing
recommendations and observations, the State of Israel implemented the following
methodology:
(a) Recommendations that fully enjoy the support of the State of Israel are
those recommendations that are either already implemented or which underlying spirit is
supported by the State. We recognize, realistically, that we may never fully accomplish
what is described in the literal sense of the terms of the recommendation but we remain
committed to making serious efforts towards achieving said goals.
(b) Recommendations that partially enjoy the support of the State of Israel
are those recommendations with which we regard ourselves as partly compliant, or which
are supported in principle, but where we nonetheless object to the suggestion that our
current efforts are insufficient or fall short of good practice.
(c) Recommendations that do not enjoy our support are those
recommendations that we cannot commit to implement at this stage for legal, policy, or
other reasons. These also include recommendations made, which we categorically
denounce, based on gross misrepresentation or perversion of facts.
5. Certain countries chose to include in their recommendations inaccurate assumptions,
inflammatory rhetoric, and false or misleading factual claims, some of which run contrary
to the spirit of the UPR. However, even in those cases, we tried to determine whether we
could still support the general ideas at the root of such recommendations, while doing our
best to ignore the politicized oratory.
6. Due to space constraints, this Addendum will not reiterate issues that have already
been raised in Israel's National Report and therefore it is advised to review it in conjunction
with the National Report.
A/HRC/25/15/Add.1
3
7. As part of the consultations that led to the Working Group's Report, the State of
Israel immediately dismissed seven recommendations that contained the term "State of
Palestine". These recommendations were referenced in numbers 137.1–137.7 of the
Working Group's Report. In addition to these recommendations, Israel rejects three
additional recommendations numbered 136.29, 136.118, and 136.156 which were raised by
the so-called "State of Palestine". While Israel welcomes an open dialogue with delegates
of the Palestinian Authority on matters of human rights, we categorically oppose the
designation of the Palestinian entity as a State. We recognize that such a designation is used
in the United Nations following a Palestinian request and subsequent adoption of UN
General Assembly resolution 67/19. However, Israel wishes to reiterate that any usage of
the term "State of Palestine" by UN bodies does not imply the existence of a sovereign
Palestinian State, nor recognition as such, and is without prejudice to the resolution of all
outstanding issues through direct bilateral Israeli-Palestinian negotiations.1
II. Review of recommendations by theme
A. International instruments and domestic legislative and structural
human rights frameworks2
8. The following recommendations enjoy the support of Israel: 136.13; 136.80.
9. The following recommendations enjoy the support of Israel in part: 136.12; 136.15;
136.22; 136.25; 136.26.
10. The following recommendations do not enjoy the support of Israel: 136.1; 136.2;
136.3; 136.4; 136.5; 136.6; 136.7; 136.8; 136.9; 136.10; 136.11; 136.14.
11. The protection of and adherence to human rights and international norms plays an
important role in Israel, and has been an inseparable part of the State from its very
inception, as is evidenced by the Declaration of Independence, Israel's Basic Laws,
Supreme Court rulings, and the countless treaties, conventions and covenants to which
Israel is a party. Israel complies with its international obligations as reflected both in
customary international law and in treaty law.
12. The State of Israel does not normally sign a treaty unless it supports its objectives,
purpose, and wording. Moreover, Israel as a law-abiding country does not ratify treaties
before ensuring that its own legislation is fully compliant with the treaty's requirements.
B. Cooperation with United Nations agencies and bodies3
13. The following recommendations enjoy the support of Israel: 136.32; 136.34; 136.35;
136.37; 136.40; 136.42; 136.46; 136.47.
14. The following recommendations enjoy the support of Israel in part: 136.31; 136.36;
136.41.
15. The following recommendations do not enjoy the support of Israel: 136.30; 136.33;
136.38; 136.45; 136.48; 136.50; 136.51; 136.195; 136.196; 136.197; 136.198; 136.199;
136.201.
16. Since the UNHRC's creation in 2006, Israel has been the subject of institutional
discrimination and unfair treatment which run contrary to the universal principles which lie
at the foundation of the Council itself. The infamous item 7 still features on the agenda of
every Council session, exclusively singling out Israel, while every other nation is reviewed
under agenda item 4. The Council has continued to adopt dozens of partial, politicallyA/
HRC/25/15/Add.1
4
driven resolutions; dispatching committees of inquiry; convening emergency sessions; and
renewing the mandate of a permanent prejudiced special rapporteur – all geared against the
State of Israel. At the same time a vast array of systematic human rights violations
worldwide fail to merit as much as a response.
17. Israel suspended its relations with the UNHRC and OHCHR in March 2012.
Following broad internal consultations and external dialogues both with the Council and
'like-minded' countries, Israel renewed its relations with the UNHRC and OHCHR. Israel
will continue its efforts to restore all diplomatic engagement in hope of opening a new era
of equality and fairness regarding Israel in Geneva.
C. Combatting racism, discrimination, xenophobia and antidiscrimination4
18. The following recommendations enjoy the support of Israel in part: 136.17; 136.18;
136.19; 136.21; 136.43; 136.59; 136.61; 136.82.
19. The following recommendations do not enjoy the support of Israel: 136.20; 136.44;
136.54.
20. Equality and non-discrimination are the cornerstones of Israel's democratic society.
This commitment has been reiterated in a series of laws and court rulings.5 Public
authorities and public institutions must fully adhere to the principle of equality and are
prohibited from engaging in any act or practice of racial discrimination against persons,
groups, or institutions. Israeli Courts have maintained time and again that the principle of
equality is a constitutional principle.6
21. The Israeli law enforcement authorities increased their effort to fight crimes with
racist motives and formed new special investigations units to enhance their capacity. In
2013 the number of indictments and convictions increased significantly and Israel is fully
committed to continue this effort.
D. Ensuring LGBT rights and gender-based equality7
22. The following recommendations enjoy the support of Israel: 136.56; 136.60; 136.64;
136.81; 136.101.
23. The following recommendations enjoy the support of Israel in part: 136.23; 136.24.
24. Israel has been committed to gender equality since its inception, enacting the Equal
Rights for Women Law 5711-1951 only three years after the State was founded. This is a
testimony to the emphasis given to gender-related issues in Israel. Major progress has been
made in recent years, in particular, pertaining to equality for women and the promotion and
development of rights for the LGBT community, as discussed at length in Israel's national
report.8
25. The issue of civil marriages is a complex and delicate issue which many societies
today are called to respond to, and Israel is no exception. This matter has spurred an active
parliamentary debate within Israel which has already resulted in a number of proposals,
including bills put forward by the current Government, relating to recognition of "domestic
unions" within Israel. The matter is of utmost concern as it relates not only to same-sex
couples but also to those who are not members of a recognized religion or are unable to
marry in a religious ceremony for whatever reason. Public debate is still ongoing as we
attempt to strike an appropriate balance between individual's right to marry and the need to
protect certain religious values.
A/HRC/25/15/Add.1
5
E. Minority rights9
26. The following recommendations enjoy the support of Israel: 136.27; 136.53; 136.58;
136.90; 136.91; 136.92; 136.93; 136.94; 136.95; 136.96; 136.98; 136.99; 136.100; 136.103.
27. The following recommendations enjoy the support of Israel in part: 136.146; 136.63.
28. The following recommendations do not enjoy the support of Israel: 136.55; 136.57;
136.97.
29. The State of Israel is sincerely committed to the promotion and protection of human
rights for all religious and ethnic minority groups, including but not limited to, its Arab,
Druze, Circassian, Bedouin,10 and Ethiopian communities. Much like other societies, Israel
is experiencing objective challenges and difficulties in reaching these goals. Unfortunately
and on occasion, these typical challenges are exploited by some in the international
community to advance political goals and smear Israel without any real desire to affect
change or to promote the actual well-being of those minority groups.
30. Israel's national report lists numerous programs and frameworks which are already
implemented, and the State of Israel remains committed to take further actions to reduce
inequality, and improve the economic, and well-being of those minority groups.11
F. Immigration and asylum matters12
31. The following recommendations enjoy the support of Israel: 136.62; 136.104;
136.105; 136.106.
32. The following recommendations enjoy the support of Israel in part: 136.16.
33. Despite Israel's complex geostrategic situation and the dramatic impact illegal
immigration has already had on the Israeli society, the Israeli Government has nonetheless
committed itself to adhere to its international obligations, including the principle of non
refoulement. This was recently reaffirmed in the High Court of Justice ruling 7146/12
Naget Serg Adam et. al. v. The Knesset et. al. (16.9.2013).13
34. Israel continues to conduct individual refugee status determination assessments for
asylum seekers of all nationalities, while providing them with their human rights. Israel will
not tolerate any discrimination against asylum seekers and immigrants.
G. Fighting terrorism within the law and investigatory safeguards against
abuse14
35. The following recommendations enjoy the support of Israel: 136.133; 136.65;
136.66.
36. The following recommendations enjoy the support of Israel in part: 136.28; 136.144.
37. The following recommendations do not enjoy the support of Israel: 136.49; 136.107;
136.120.
38. With respect to our counter terrorism operations, the State of Israel works tirelessly
to strengthen compliance with the relevant applicable international law standards. The
Government of Israel stands firmly against torture and cruel, inhuman and degrading
treatment or punishment. The practices of our military and security agencies are under
constant legal review and are the subject of lively public debate within Israeli society.
A/HRC/25/15/Add.1
6
39. While an overwhelming majority of Israel's military and security officials conduct
themselves in accordance with the law, we accept that at times there may be occasional
lapses in the context of the ongoing violent conflict the State of Israel is facing.
Nonetheless, Israel remains committed to the principle of accountability and will continue
to conduct investigations regarding any alleged violation of domestic or international laws.
A reflection of that commitment can be found in the recent decision of the Government to
nominate a high-level team that will examine the implementation of the recommendations
put forward in the 2013 report of the Turkel Public Commission of Inquiry.
H. Religious freedoms15
40. The following recommendations enjoy the support of Israel: 136.68; 136.69; 136.70;
136.71; 136.72; 136.74; 136.75; 136.76; 136.77.
41. The following recommendations do not enjoy the support of Israel: 136.39; 136.52;
136.73; 136.78; 136.218; 136.219.
42. Israeli Law provides for freedom of worship and ensures free access to holy places
and cultural institutions by members of all faiths. The Protection of Holy Places Law 5727-
1967 protects all holy places from desecration and subject violators to significant prison
sentences.
43. The Israeli Antiques Authority does not prohibit the restoration or maintenance of
any Islamic holy shrine, but rather does its utmost to protect all religious sites. Israel
maintains close dialogue with the Islamic Waqf which carries out restoration and other
construction projects on the Temple Mount.
I. Rights of persons with disabilities16
44. The following recommendations enjoy the support of Israel: 136.87; 136.88; 136.89.
45. Israel prides itself in being a world leader in the promotion of a disability rights
agenda and continues to stand at the forefront of the protection and promotion of human
rights of all people with disabilities.17
J. Economic, social and cultural rights18
46. The following recommendations enjoy the support of Israel: 136.67; 136.83; 136.84;
136.85; 136.86; 136.102.
47. The following recommendations enjoy the support of Israel in part: 136.79; 136.110;
136.213.
48. The following recommendations do not enjoy the support of Israel: 136.211;
136.212; 136.230.
49. Israel has already taken effective actions towards a progressive realization of
economic, social and cultural rights for all its citizens, in line with the ICESCR. As
discussed at length in Israel's national report, the State remains committed to developing
policies and legislation which aim to close the gap between those facing disadvantage and
their peers. These programs focus on improving the standard of living and access to social
services such as healthcare and education, particularly for Israel's most vulnerable groups.
50. The rate of infant and maternity mortality in Israel is among the lowest in the
developed world. The Ministry of Health introduced new policies to close the gap in the
A/HRC/25/15/Add.1
7
infant and maternal mortality rate, which are designed to overcome the cultural and socioeconomic
differences between the different populations.
51. Permanent Residents receive the same rights as citizens, excluding an Israeli
passport and the right to vote in the national elections to the Knesset. Although a
citizenship was offered to all inhabitants of Jerusalem, in 1967 the vast majority of them
chose to receive only permanent residency. However, it should be stressed that residents
have the right to participate in the municipal elections. Since 1967, over 15,000 permanent
residents of the eastern neighborhoods in Jerusalem asked to receive an Israeli citizenship
and received it.19 Israeli polices in this regard have been reviewed and reaffirmed by the
Israeli Supreme Court in H.C.J 282/88 Mubarak Awad v. The Prime Minister et. al.
(5.6.1998).
K. The Israeli-Palestinian Peace Process
52. The recommendations below relate to final status issues which are currently being
negotiated by Israelis and Palestinians under the auspices of the U.S. Secretary of State
John Kerry. As noted in Israel's national report, Israel continues to seek an historic and
comprehensive compromise with our Palestinian neighbors through direct negotiations
conducted on the basis of mutual recognition, signed agreements and the cessation of
violence and incitement.
53. Therefore the following recommendations do not enjoy Israel's support at this time:
136.108; 136.147; 136.153; 136.154; 136.155; 136.163; 136.164; 136.165; 136.166;
136.167; 136.168; 136.170; 136.171; 136.172 136.173; 136.174; 136.175 136.177;
136.179; 136.180 136.182; 136.183; 136.184; 136.185; 136.186; 136.187; 136.189;
136.190; 136.204; 136.206; 136.221; 136.222; 136.223; 136.224; 136.225; 136.231;
136.232; 136.233.
L. The scope of mandate of the Universal Periodic Review Process
54. The Annex to Human Rights Council Resolution 5/1summarizes the basis for review
for the Council's Universal Periodic Review. Article 2 to that Resolution states that: "In
addition to the above and given the complementary and mutually interrelated nature of
international human rights law and international humanitarian law, the review shall take
into account applicable international humanitarian law".
55. While we recognize that there is a profound connection between human rights and
the laws of armed conflict, and that there may well be a convergence between these two
bodies of law in some respect, it is the longstanding position of the State of Israel that in the
current state of international law and state-practice, these two bodies of law, which are
codified in separate instruments, nevertheless remain two distinct bodies of law, and apply
in different circumstances. This distinction has become well-established under international
law and it is still valid and reinforced today in armed conflicts over the world.20 We
therefore question the relevance of examining matters which are governed by international
humanitarian law in the context of a human rights review.
56. Moreover, the applicability of human rights conventions to the West Bank and the
Gaza Strip has been the subject of considerable debate over the past years. In its past
periodic reports to the treaty bodies, Israel did not include details on the implementation of
said Conventions in the West Bank and the Gaza Strip for several reasons, ranging from
legal considerations to practical realities. Israel’s position on this issue has been outlined in
detail in our previous presentations in various international fora. It is Israel’s view that the
Conventions do not apply beyond its territory, including in the West Bank and the Gaza
A/HRC/25/15/Add.1
8
Strip. This is especially true in light of the ongoing situation of armed conflict and
hostilities in these areas.
57. We therefore consider some of the recommendations raised during Israel's second
cycle UPR as falling outside the scope and ambit of the review process. Nonetheless, in the
spirit of fruitful and productive dialogue, and irrespective of the aforementioned legal
position of Israel, we attach, ex gratis, to this addendum an annex document which notes
Israel's position regarding recommendations that relate to certain matters beyond the UPR's
mandate.
Notes
1 For reference see Israel's disclaimer to recommendations 137.1-137.7 as noted in the Report of the
Working Group on the UPR (A/HRC/25/15), para. 137 (19.12.2013).
2 For normative and institutional developments in Israel relating to the protection of human rights
please refer to Israel's National Report submitted in accordance with paragraph 5 of the Annex to
Human Rights Council resolution 16/21 (A/HRC/WG.6/17/ISR/1), paras. 2-8; 17-20 (hereinafter:
Israel's National Report).
3 For Engagement and dialogue on human rights issues with international bodies and NGOs, please
refer to Israel's National Report, paras. 9–16.
4 For measures taken by Israel to combat racism, discrimination, xenophobia, and anti-Semitism please
refer to Israel National Report, paras. 33–38.
5 On the right to equality under Israel's legal framework for the protection of human rights at the
national level, please refer to Israel's Core Document Forming Part of the Reports of States Parties,
(HRI/CORE/ISR/2008), pages 47–48, paras. 137–140 (21.11.2008).
6 See: H.C.J. 453/94, 454/94 Israel Women's Network v. The Government of Israel, P.D. 48(5), 501
(1994). The Israel government begun recently a public campaign against racism.
7 For measures taken by Israel to ensure LGBT rights and gender based equality, please refer to Israel's
National Report, paras. 21–26; 39–42.
8 In April 30th, 2013, Israel introduced a national "Equal Pay Day" as part of a national campaign by the
Commission for Equal opportunities which consisted of awareness raising, filing civil law suit and
providing legal opinions.
9 For measures taken by Israel to ensure minority rights, please refer to Israel's National Report, paras.
27–32.
10 On January 5th, 2014, the Government has appointed Minister Yair Shamir, the minister of
agriculture and rural development to be the minister in charge of Government policy towards the
development of the Negev and settlement of the Bedouins in the Negev. Minister Shamir and his
teams are learning the various aspects of the issue and the legislation of a new law has been put on
hold. Currently, the government implanted a 5 year development plan which allocates 1.2 Billion NIS
($300 Million) with a specific focus on women and children. The main goal of the Israeli Government
is to regularize every Bedouin community and ensure that they receive all the services they are
entitled to. It is in the Israeli interest that the Bedouin tradition flourishes and remains recognized all
around the world. There are people who prefer a more modern way of life while other communities
still live in a more traditional way. 10 teams of planners have recently been hired by the Authority for
Advancement of Bedouin in the Negev and they are working on planning solutions in each area. The
planners are guided to work with the community and maintain public participation procedures with
the goal of achieving a balance between the people's preferences and the physical and planning
constrains. According to the national policy, each Bedouin who is 18 and married or 24 and single,
and about to be settled, is entitled to receive a developed plot free of charge in an approved town or
village. That is a major affirmative action as no other youngsters in Israel in comparison receive plots
free of charge. Promoting the Bedouin municipalities and promoting them to provide good services to
their habitants are a top priority. In the last two years, 4 out of 7 Bedouin municipalities have
progressed in their socio-economic status thanks to mutual efforts of the government and the local
leadership.
11 The Government implements a 700 million NIS plan aimed at improving the access to the
employment market of minorities, with a special program for women empowerment. The plan
A/HRC/25/15/Add.1
9
includes center for employment direction, financial assistance and daycare nurseries, vocational
training, support to small businesses, micro financing, awareness raising, etc. In regard to higher
education, the government established a 300 million NIS program to improve the access to higher
education in the Arab population.
12 For measures taken by Israel to combat illegal immigration while adhering to Israel asylum
obligations, please refer to Israel's National Report, pars. 114–117.
13 In December 2013 the Knesset legislated the Prevention of Infiltration Law (Offenses and
Jurisdiction) (Amendment no. 4 and Temporary Provision) 5773-2013. The new legislation amends
the 2011 legislation which was annulled by the Supreme Court. The purpose of the new legislation is
to lower the financial incentive for migrants to enter Israel, while still granting protection for those in
need in accordance with our international legal obligations. Therefore, the law set out two measures:
(1) Limiting the maximum detention period for any migrant who crossed the border since the
enactment of the law to one year. In this time period, an assessment is made within 6 months
regarding whether or not the migrant is a genuine refugee in accordance with international standards;
(2) establishing an open facility to accommodate migrants who crossed the border from Egypt
illegally. The facility allows coming and going during most hours of the day while providing all basic
services and needs including healthcare, welfare, food, and clothing.
14 For measures taken by Israel to ensure the protection of the rule of law in the fight against terrorism,
please refer to Israel's National Report, paras. 106–113.
15 For measures taken by Israel to ensure the protection of religious freedom, please refer to Israel's
National Report, paras. 58–63.
16 For measures taken by Israel to ensure the protection of rights of persons with disabilities, please refer
to Israel's National Report, paras. 2–8.
17 As of 2014, the municipal public transportation is already accessible, for the most part. In our
assessment, the vast majority of the municipal busses in Israel are already accessible to people with
seeing, cognitive and mobility disabilities. This accessibility includes announcement of bus stops,
ramps, accessible signage and wheelchair fastening belts. In addition, municipal bus stops, train
stations and airports countrywide are about 70% accessible to mobility disabled people, based on
sample inspections. We estimate that national parks and designated forests have already been made
20% accessible, and inspections show that work on accessibility of further sites is currently in
progress. The Commission is currently funding an awareness campaign focusing on accessibility to
services on the radio, newspapers and the Internet. In addition The National Insurance Institute funds
work oriented training and education to people with 20% medical disability and over. Currently,
about 12,000–13,000 disabled people received such assistance annually. Additional employment
rehabilitation services are funded by the Ministries of Welfare and Health. The Ministry of the
Economy subsidizes between 18% and 42% of the wage paid by certain enterprises to employees with
disabilities, for a period of 30 months. The Ministries of Finance and of the Economy have begun to
fund an innovative program to employ people with disabilities who are university grads as interns in
Government Ministries. This employment lasts between 9 and 15 months, and is intended to enable
them to network and obtain both work experience and recommendations for future employment. The
Ministry of the Economy has recently established three support centers for employers of people with
disabilities, around the country. These centers will include all forms of employment related assistance
provided by the Ministry, and refer to any other available resources. Some 600 disabled persons have
already found jobs due to this assistance. Looking ahead, 45 Civil Service jobs will be designated for
employees with disabilities in 2014, thus implementing a Government Resolution on this matter. In
April 2014, the Inter-Sectoral Partnership for Disability Employment will publish an innovative
website, intended to assist placement of disabled jobseekers with interested employers. Employers
will be able to post job openings intended for people with disabilities, and disabled jobseekers will be
able to apply for these jobs through the website.
18 For measures taken by Israel to ensure the protection of economic, social and cultural rights, please
refer to Israel's National Report, paras. 64–91; For a detailed response as to the issue of Conscientious
Objectors see Israel's National Reports, paras. 96–98.
19 The status of a resident can expire in case the person leaves Israel for a period longer than seven years
or acquires citizenship or residency in another country. Expiration of residency is relevant only with
regard to residence abroad for a period longer than seven years, rather than temporary stay as
required, for example, in order to participate in academic studies. It should be mentioned that this
A/HRC/25/15/Add.1
10
procedure applies to every resident leaving Israel, and does not target any specific population. Since
2000, the policy regarding permanent residents of the eastern neighborhoods of Jerusalem that resided
outside Israel is: 1) the residency will not be revoked if the person has kept an affinity to Israel; or 2)
If certain conditions are met, a person who keeps an affinity to Israel, despite of his/her life abroad,
and lived in Israel for two consecutive years can receive back residency. Currently there are pending
petitions before the High Court of Justice on the matter of revocation of residency of residents of
eastern neighborhoods of Jerusalem. For example a petition by Haled Abu-Arfa, a minister in the
Hamas government and 25 other individuals including three members in the Hamas legislative
counsel, against the Minister of Interior's decision that cancelled permanent residence permits given
to the minister and the three members in the Hamas legislative counsel (H.C.J. 7803/06 Haled Abu-
Arfa et. al. v. The Minister of Interior et.al). On 2008, due to an initiated examination of the Ministry
of Interior the number of revocation of residency of residents of eastern neighborhoods of Jerusalem
was irregularly high: 4,677. In the following years the numbers decreased dramatically: in 2009 there
were 720 revocations of residency of residents of eastern neighborhoods of Jerusalem, on 2010 there
were 191 and 2011 there were 98.
20 See for example: State of Israel Implementation of the International Covenant on Economic, Social
and Cultural Rights, Second Periodic Report, U.N. Doc. E/1990/6/Add.32, paras. 5–8 (3.8.2001);
Committee on the Elimination of Discrimination against Women, Summary Record of the 685th
meeting, U.N. Doc. CEDAW/C/SR.685 (29.7.2005); Replies of the Government of Israel to the List
of Issue to be taken up in connection with the consideration of the third periodic report of Israel, U.N.
Doc. CCPR/C/ISR/Q/3/Add.1, p.3 (12.7.2010).
GE.14-13783
*1413783*
Human Rights Council
Twenty-fifth session
Agenda item 6
Universal periodic review
Decision adopted by the Human Rights Council
25/115.
Outcome of the universal periodic review: Israel
The Human Rights Council,
Acting in compliance with the mandate entrusted to the Human Rights Council by
the General Assembly in its resolution 60/251 of 15 March 2006, Council resolutions 5/1 of
18 June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Israel on 29 October 2013 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Decides to adopt the outcome of the universal periodic review of Israel, comprising
the report thereon of the Working Group on the Universal Periodic Review (A/HRC/25/15),
the views of Israel concerning the recommendations and/or conclusions made, and its
voluntary commitments and replies presented before the adoption of the outcome by the
plenary to questions or issues not sufficiently addressed during the interactive dialogue held
in the Working Group (A/HRC/25/15/Add.1 and A/HRC/25/2, chap. VI).
53rd meeting
27 March 2014
[Adopted without a vote.]
United Nations A/HRC/DEC/25/115
General Assembly Distr.: General
16 April 2014
Original: English
Please recycle@
GE.17-19919(E)

Human Rights Council
Working Group on the Universal Periodic Review
Twenty-ninth session
15–26 January 2018
National report submitted in accordance with paragraph 5 of
the annex to Human Rights Council resolution 16/21*
Israel
* The present document has been reproduced as received. Its content does not imply the expression of
any opinion whatsoever on the part of the Secretariat of the United Nations.
United Nations A/HRC/WG.6/29/ISR/1
General Assembly Distr.: General
13 November 2017
Original: English
Please recycle@ •[!l · .
A/HRC/WG.6/29/ISR/1
2
I. Introduction
1. As it embarks on its third cycle of the UPR1, Israel, as a democratic country
governed by the rule of law, remains committed to protecting and ensuring human rights.
II. Methodology and consultation process
2. This Report of the State of Israel was prepared in accordance with guidelines
detailed in Resolution 16/212 and its Annex, Decision 17/1993 of the Human Rights Council
and the “3rd Cycle Universal Periodic Review National Report Guidance Note”.
3. This Report was compiled by the MFA4 in collaboration with the MOJ5 and all
relevant Government Ministries. As discussed in previous reports, Israel maintains a vibrant
dialogue with civil society organizations, in particular within the UN Human Rights treaty
bodies and UPR reporting process. Since 2012, the MFA and MOJ have promoted a project
under the auspices of the Hebrew University in Jerusalem, designed to facilitate open
dialogue and improve cooperation between State authorities and civil society organizations,
specifically concerning the reporting process to UN Human Rights Committees. The
project created a joint forum, attended by state authorities, scholars and representatives of
civil society, to discuss State reports that are submitted to these committees on an ongoing
basis and encourage civil society organizations to comment on the State's draft reports.
4. Since the last reporting cycle, Israel also introduced, in 2017, a series of "Round
Tables". This project entailed six discussion sessions in academic institutions located
throughout Israel so as to facilitate diverse participation. The sessions offered a unique
platform for free discourse between civil society, academics and government
representatives on core human rights issues related inter alia to: LGBT Rights; Israelis of
Ethiopian descent; the local Bedouin population; women's rights; rights of persons with
disabilities; and social and economic rights in the periphery. One of the aims of this project
was to allow grass roots organizations, which usually do not have the resources to submit
shadow reports to the general treaty bodies and UPR process, to participate in the UN HR
reporting mechanism.
III. Human rights infrastructure
A. International human rights framework
1. International instruments
5. Israel updated its Common Core Document and reported on the following treaties
during the period between 2013 and 2017: the ICCPR6, the CERD7, the CAT8, the CRCOP-
SC9, the CEDAW10, and CRPD11.
6. Israel is pleased to report that in March 2016, the GOI12 ratified the WIPO’s13
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired, or Otherwise Print Disabled, which establishes an exception to
intellectual property laws to enable the creation of a copy of a published work, in a format
suitable for use and enjoyment by persons who are visually impaired without requiring the
consent of the right-holder.
7. Israel's accession to this treaty underlines the importance that Israel attributes to the
rights of PWD14 and the efforts it invests in promoting their rights. In fact, Israel's Making
Works, Performances and Broadcasts Accessible for Persons with Disabilities Law
A/HRC/WG.6/29/ISR/1
3
(Legislation Amendments) 5774-2014,15 prescribes arrangements that go beyond the
Marrakesh Treaty in several ways. For example, while the Treaty mandates the creation of
accessible formats for visually impaired persons only, the Law allows for the creation of
accessible formats for all PWD.
2. Engagement and dialogue
8. Israel maintains close relations with a variety of international and domestic human
rights bodies, compiles detailed state reports and conducts dialogues with high-ranking
foreign delegations as an expression of its appreciation for transparency and despite the
HRC's unfair treatment of Israel, including the overtly discriminatory Item 7 in its agenda,
which singles-out Israel, while all other countries’ human rights situations are dealt with
under appropriate, non-state specific items. Among others, Israel continuously engages with
the representatives of OCHA16, OHCHR17, and UNICEF18 and fully cooperates with the
UNSG19 Special Coordinator for the Middle East Peace Process.
9. Since 2013, Israel has hosted several senior officials for this type of engagement,
including, inter alia, two visits by former UNSG Ban Ki-Moon20 and recent visits by
UNSG Antonio Guterres21 and by the UNHRC22 Special Rapporteur on Violence against
Women23. Israel has extended an invitation to the Special Rapporteur on the Situation of
Human Rights in Eritrea to visit in 2017-18. In addition, Israel hosted Mr. Peter Maurer, the
President of the ICRC24 twice, and maintains close cooperation with the ICRC.
3. Cooperation with United Nations agencies and bodies25
10. Israel has a long record of facilitating the work of UN agencies and cooperating with
UN bodies, providing reports and engaging in dialogue with the relevant committees. Israel
regularly cooperates and facilitates visits by these bodies unless the mandate involved is
inherently political or particularly biased.
11. Israel has appeared before the following UN human rights treaty bodies since the
last UPR: CAT in May 2016; ICCPR in October 2014; CRC26 in June 2013; and CRC-OPSC
in May 2015. Israel is set to appear before CEDAW on October 31, 2017 and is
awaiting appearance dates from CERD and CRPD.
12. The State of Israel’s commitment to human rights and its cooperation with UN
bodies is underscored by the establishment, in 2011, of a joint inter-ministerial team,
headed by the Ministry of Justice’s Deputy Attorney General (International Law), for
reviewing and implementing the concluding observations of the various human rights
committees. This inter-ministerial team meets to examine the UN human rights
committees’ concluding observations and has made several significant changes related to
domestic human rights legislation.27
B. The protection and promotion of human rights at the national level
1. Equality and non-discrimination28
13. Equality and non-discrimination are the cornerstones of the State of Israel's
democracy and are enshrined in its Declaration of Independence and Basic Laws. Israel's
commitment to these core values and rights has been reiterated time and again in laws and
court rulings and is repeatedly re-affirmed and promoted through legislative and policy
measures.
A/HRC/WG.6/29/ISR/1
4
(a) Gender-based equality29
14. Israel's unwavering dedication to gender-based equality has not faltered—from the
enactment of the Equal Rights for Women Law 5711-1951 just three years after the
establishment of the State of Israel, until now.
15. Women's participation in the public sphere is valued and encouraged. In the current
20th Knesset, the proportion of women MKs30 has grown to a record high of 27.5%31, from
22.5% in the 19th Knesset. Two of these women serve as deputies to the Knesset speaker,
five serve as chairpersons of Knesset Committees, and two belong to the Arab minority. In
the current Government, the percentage of women ministers has grown from 9.7% to 16%.
There are currently four women Government Ministers and one female Deputy Government
Minister. 40% of the high-ranking positions in the Civil Service are filled by women, an
increase from the 32.6% noted in Israel's last national report. In government companies, the
percentage of female directors rose to 43%, reflecting a 10% increase from 200732.
16. Out of the 725 judges presiding in different courts throughout Israel, 369 (51%) are
women. In October 2017, Esther Hayut assumed the role of Chief Justice of the Supreme
Court, becoming the third female of the past four Chief Judges in that position. In 2017,
two women of Ethiopian descent were appointed as Magistrate Court judges, a
groundbreaking moment in Israeli judicial history. On April 25, 2017, the first female
Qadi33 was appointed to serve in a Muslim Religious Court. Notably, this Qadi received the
support of all nine members of the Judicial Appointments Committee.
17. On, May 26, 2015, the GOI established a Ministerial Committee on Social Equality,
specifically designated to promote gender equality in various aspects of life.34
18. In March 2014, Amendment No. 3 to the Male and Female Workers (Equal Pay)
Law 5756-1996 was adopted, which required public bodies that are obligated by law to
submit reports regarding employees' salaries to include a gender-based wage index in order
to expose discrepancies. Following a report by the Committee for the Advancement of
Women in the Civil Service35, which was established in 2014, the Commissioner issued
guidelines which include criteria for setting salary components (standards for vehicle
allowance, overtime hours, and on-call-hours), thereby narrowing the potential for
discrepancies in salaries between women and men in the same position. In addition, the
guidelines also require the employer to report varied salary components to the CSC36,
which not only improves transparency but also helps the CSC supervise and narrow salary
gaps.
19. On March 21, 2017, the paid maternity leave period was extended from 14 to 15
weeks, in accordance with the criteria under Amendment No. 57 of the Women's
Employment Law 5714-1954.37 Additionally, this Amendment and Amendment No. 54 to
the same law extend the entitlement of parental leave to fathers; inter alia, a father may
take paid parental leave for a period of one work-week immediately following the birth of
his child. Furthermore, under the law, a father may opt to take another seven days of
parental leave at any time during the mother’s parental leave.
20. The status of women in the IDF38 continues to improve. The most prominent
example of this is in the infantry, where the number of women is steadily rising, and new
opportunities have become available for women. Due to concerns that the process of
integrating ultra-Orthodox men into the IDF would lead to the exclusion of women in
various positions in the IDF, Amendment No. 19 to the Defence Service Law [Consolidated
Version] 5746-1986 was passed in 2014, banning such exclusion.39
21. Israel has focused efforts to facilitate greater access to justice by women,
particularly minority women. In recent years, the Southern District of the LAA40 of the
MOJ identified cultural and economic barriers that prevent women from the Bedouin
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5
population from accessing courts.41 The LAA took several steps to address these issues,
including: establishing a LAA branch in Rahat42 in June 2016; strengthening cooperation
between the LAA and NGOs as well as with the Authority for Development and Housing of
the Bedouins in the Negev; enhancing the accessibility of legal aid for women victims of
prostitution – a joint project of the Southern District of the LAA with the “Bishvilech”
NGO; providing legal assistance to female victims of domestic violence; providing legal
assistance for victims of trafficking; establishing "Access to Justice Stands" – counters
located in courts that offer ad hoc legal aid to unrepresented people.
22. One ubiquitous challenge in modern society that Israel must also face is combating
gender-based violence. The Government has attempted to tackle the problem head-on both
internationally by spearheading an initiative within the framework of the Committee on the
Status of Women at the United Nations, and domestically via various legislative
amendments and enforcement efforts. Among these are the following:
(a) The UN Resolution on Preventing and Eliminating Sexual Harassment in the
Workplace, which was introduced and primarily negotiated by Israel, was adopted in March
2017. The Resolution condemns all forms of sexual harassment, especially against women
and girls, including harassment in the workplace, and emphasizes the need to take all
necessary measures to prevent and eliminate such harassment. The Resolution, the first of
its kind on this topic at the UN, emphasizes the important role of Member States in
eliminating this phenomenon and places the primary responsibility upon employers to take
measures to prevent such incidences. The Resolution also lays out several methods through
which countries can combat and handle sexual harassment, including legislation, policies,
education, awareness-raising programs and research.
(b) Amendment No. 20 of 2017 to the Legal Aid Law 5732-1972 entitles victims
of serious sexual offenses to legal counsel from the moment an indictment is filed for the
offense through the course of criminal proceedings and related administrative proceedings.
(c) Amendment No. 122 of 2016 to the Penal Law 5737-1977, added Section
347B to the Law, which prohibits consensual sexual relations between a clergyman and a
person above the age of 18 who sought counsel from the clergyman, when the consent was
obtained through the exploitation of the individual's mental dependence upon the
clergyman.
(d) Amendment No. 14 of 2015 to the Legal Aid Law 5732-1972 provides that
legal aid, including representation in civil court proceedings, will be provided without a
financial eligibility test to victims of sexual offences in civil proceedings under the
Limitations on the Return of a Sex Offender to the Victim's Vicinity Law 5765-2004.
(e) Amendment No. 5 of 2015 to the Statute of Limitations Law 5718-1958
allows for the possibility of extending the statute of limitations if the defendant, or her/his
representative, knowingly misled the plaintiff, abused her/his power, threatened or
exploited the plaintiff, including by means of sexual abuse.
(f) Amendment No. 10 of 2014 to the Prevention of Sexual Harassment Law
5758-1998 provides that publishing a photograph, film or recording of a person that focuses
on his/her sexuality43, in circumstances in which the publication is likely to humiliate or
degrade him/her, and without his/her consent, constitutes a sexual harassment offence,
punishable by five years of imprisonment.
(g) In July 2014 the Prevention of Sexual Harassment Regulations 5758-1998
were amended to require higher education institutions to increase awareness to prevent
sexual harassment, including by: notifying students and employees about the regulations
and ways to file a complaint; appointing two sexual harassment prevention officers with
relevant training in institutions with 2,000 students or more. These institutions are also
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6
obligated to file an annual report to the AAW44, to the Knesset Committee for the
Advancement of the Status of Women and Gender Equality (2014), and to the relevant
regulatory body.
(h) In 2012, the Attorney General appointed an inter-ministerial team to examine
ways to handle incidents involving the exclusion of women in the public sphere in light of
an increase in the number of reports of such incidents. The Attorney General adopted the
team's recommendations in May 2013 and a team was appointed to implement the
recommendations. Among others, the following steps were taken: a dedicated email
account was designated for this type of complaint; the MRS45 and the Attorney General
issued circulars indicating that segregating burial plots in cemeteries by gender is
prohibited; the MOH46 issued guidelines forbidding the exclusion and segregation of
women at HMO branches and hospitals and demanding that modesty signs (signs calling,
instructing, or demanding modest attire) be removed; the MOT47 undertook extensive
reviews to ensure that all public buses, even those operated in ultra-Orthodox communities,
do not coerce segregated seating.
23. Four recent court decisions highlight the judiciary's significant role in safeguarding
women's rights:
(a) On February 28, 2017, the HCJ48 rejected two appeals that were merged
together after being filed by two appellants who had refused to grant their respective wives
a Jewish writ of divorce (Gett) for a lengthy period.49 The appellants (separately) appealed
the decision of the Great Rabbinical Court to approve various social sanctions that the
Rabbinical Courts had imposed upon them, based on Jewish religious law, including
alienating them from their communities and shaming them in public to force them to agree
to grant the writ of divorce.50 The Court ruled that due to the appellants' behavior, including
the violation of judicial decisions obligating them to grant their wives a Gett, the Rabbinical
Courts had the authority to impose all of these sanctions, except one recommendation (in
one of the appellants' cases) to prohibit the performance of a Jewish burial for him.51
(b) The Supreme Court upheld a regional rabbinical court ruling which approved
a divorce for a woman whose husband is in a vegetative state, and reversed a Great
Rabbinical Court ruling which allowed a third party to appeal this decision. The Supreme
Court emphasized that such an effort to try and make the woman an Aguna, a Jewish
woman unable to re-marry (after the lower Rabbinical Court granted her a divorce) violates
her basic right of human dignity, as enshrined in the Basic Law: Human Dignity and
Liberty 5752-1992 and deprives her of her liberty. The Court concluded that this would be
unconstitutional.52
(c) In December 2015, the Supreme Court upheld the right to file a class action
lawsuit and grant damages in the wake of an ultra-Orthodox radio station's ban on women
broadcasters.53
(d) On June 21, 2017, the Jerusalem Magistrate Court approved an agreement
between El Al Airlines and a female passenger who had been asked to move from her
assigned seat when an ultra-Orthodox male passenger refused to sit next to her. According
to the agreement, which the court incorporated into its decision, an airline crew member
may not, under any circumstances, ask a passenger to move from his/her assigned seat
when the adjacent passenger will not sit beside him/her because of his/her gender.54
(b) LGBT rights55
24. Israel steadfastly protects the rights of its citizens to live freely according to their
sexual orientation and gender identity and actively promotes the development of rights for
the LGBT community.
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25. Since the last cycle, there have been a number of notable legislative and
administrative developments affecting the LGBT community, including:
(a) The September 2017 notice by the MOLSASS56 that it supports changing the
legislative criteria which requires an adoptive couple to be a “man and his wife”, to a new
gender-neutral standard that simply requires that adoptive parents have a stable and
ongoing relationship.
(b) The introduction, in 2016, of a PIBA57 policy that shortens the process by
which a same-sex spouse of an Israeli citizen may receive a visa.58
(c) The 2014 adoption of Amendment No. 4 to the Pupil's Rights Law 5761-
2000, adding sexual orientation and gender identity to the list of grounds upon which
discrimination against pupils is prohibited.
(d) The 2014 modification of the template for identity cards by the MOI59,
allowing for the clear designation of same-sex parents.
26. Recent court decisions protecting the rights of same-sex couples in Israel include:
(a) A 2016 National Labor Court decision (overturning a previous ruling by the
Tel Aviv-Jaffa District Labor Court) held that the constitutional right of a same-sex couple
to create a family enables it to benefit from the same entitlement terms granted to
heterosexual families, as laid out in the National Insurance Law.60 This ruling enshrines the
principle of non-discrimination against same-sex couples with regard to National Insurance
benefits.
(b) The 2014 Jerusalem District Court decision rejecting an appeal filed by a
Guest House regarding whether a certain venue can refuse to hold a same-sex wedding. The
Court stressed that the principle of equality was a fundamental principle of Israel's legal
system and that preventing a same-sex couple from getting married at a certain venue is
discriminatory.61
(c) The 2013 Tel Aviv-Jaffa Family Court ruling that a same-sex couple could be
registered as parents and recognized as joint parents through a judicial parenthood order,
without a social services’ review.62
27. Israeli courts have also taken a clear stance against violence in the LGBT context. In
April 2016, the Jerusalem District Court convicted Yishay Shlisel of murder, six counts of
attempted murder and injury under aggravated circumstances, after he stabbed seven people
in the Jerusalem Pride Parade in July 2015.63 Shlisel was sentenced to life imprisonment
with an additional 31 year imprisonment sentence and was ordered to compensate the
deceased's family and other victims in the total amount of 2,064,000 NIS.64
28. Furthermore, Israel has played a significant role in promoting the rights of the
LGBT community at the UN and beyond. The permanent mission of Israel to the UN is a
long-standing member of the LGBT core group in New York. Israel actively fought to
protect the mandate given to the Independent Expert on SOGI65, voting several times in
favor of the position and delivering supportive statements in the third and fifth committees
and in the General Assembly. It has also co-sponsored many side events held by the core
group to raise awareness and promote the rights of the LGBT Community. Finally, Israel is
a founding member of the recently established ERC66, a group of countries (outside the
auspices of the UN) committed to promoting the rights of the LGBT community.
(c) Minority rights67
29. Israel strives to protect, promote, and integrate minorities, who comprise
approximately 25.3% of Israel’s population, and ensure that they have equal access to
employment, education, and socio-economic rights, as well as full participation in political
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processes. In the current 20th Knesset, there are thirteen Arab, one Bedouin and four Druze
Knesset Members.68
Public representation
30. Due to the affirmative action measures described in Israel’s last national report,
there has been a steady increase in the employment rates of minorities in the Civil Service.
As of October 2017, 10.1% of all Civil Service employees were Arabs, Bedouins, Druze
and Circassians (compared to 8.4% in 2012 and 6.17% in 2007). Approximately 40% of
these employees are women. These affirmative action efforts are ongoing and the
government has designated hundreds of positions for these purposes.
31. Many Arab-Israeli employees within the Civil Service maintain senior-level
positions, with decision-making authority. These employees serve in many capacities,
including: investigative engineers, clinical psychologists, senior tax investigators, senior
economists, senior electricians, geologists, department controllers, lawyers and educational
supervisors. While there were 347 Arab, Bedouin, Druze and Circassian employees holding
senior positions in 2006, that number rose to 562 in 2014.
Economic, social and cultural measures for the Arab, Bedouin, Druze and Circassian
Communities
32. In recent years there have been several significant Government measures to
empower the Arab population and to reduce gaps between that population and Israeli
society in general. These efforts have already led to positive trends, like the consistent
growth in employment figures for the Arab population in general and especially Arab
women.
33. Several programs have been designed to benefit Israel’s minorities. The Authority
for Economic Development of the Arab Population, including the Druze and Circassian
(hereinafter: the "Authority"), within the Ministry of Social Equality is currently
implementing the following measures:
(a) Government Resolution No. 922, entitled "Government activities for the
development of minority populations for the years 2016-2020", which implements a fiveyear
plan (2016-2020) to further integrate Arab, Druze, Bedouin, Christian and Circassian
populations in Israel through : education – by, inter alia, upgrading teaching quality,
promoting educational programs, and allocating a budget for informal educational and
extra-curricular activities; higher education – by increasing the rate of Arab students
studying for their Bachelor’s degree to 17% by 202569; transportation infrastructure – by,
inter alia, improving public transportation, paving new roads in Arab localities, and
training Arab women as public transportation drivers; commerce and trade – through, inter
alia, the expansion of industrial zones, the allocation of at least 50% of the employment
budget to populations with low participation rates, and the allocation of at least 10% of the
assistance budget of the Foreign Trade Administration to promoting the participation of the
Arab population in foreign markets; employment – by, inter alia, establishing more child
care centers70, setting up additional Ryan centers71 for the Druze and Circassian
populations72, and allocating 200 Million NIS73 for the operation of these centers for the
years 2017–2020; and public security – through the establishment of additional police
stations and the recruitment of more Arab police personnel.
(b) Resolution No. 2365, entitled "Government plan for the development of
Minority Localities (including Arab, Bedouin, Druze and Circassian local authorities) in
2015" which aims at, inter alia, improving transportation infrastructure including internal
and external roads and public transportation; improving water and sewage systems;
developing tourism arrangements; finalizing the development of industrial areas; providing
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vocational training and support of micro hi-tech companies; constructing sports halls and
courts; improving personal security and service to citizens including through the "City
without Violence" Program. The total budget for this plan was 664 Million NIS74 for 2015
and programs which were launched under this plan in 2015 are still ongoing.
(c) A special Resolution that was designed specifically to help develop and
strengthen Druze localities for the years 2014–2017.75 This Resolution aims to strengthen
the Druze population in education – through the construction of additional classrooms and
kindergartens, the development of educational programs for all ages, including preparation
for higher education, enrichment and extra-curricular activities, teacher training etc. (with a
total budget of 54 Million NIS76); employment – by promoting additional employment
opportunities and strengthening social services (with a total budget of 13 Million NIS77);
health services and infrastructures- via completion of zoning plans for these localities (with
a budget of 8 Million NIS78); infrastructure- through the establishment and maintenance of
religious sites and structures (10.4 Million NIS79), and the improvement of transportation
infrastructure (80 Million NIS80).
(d) In addition to the above-mentioned Resolutions, the Authority has been
working with the Forum of Bedouin Authorities' Leaders and 15 Government Ministries
and related professional bodies on a five-year plan for the years 2016–2020 for the Bedouin
localities in Northern Israel, with a total budget of 1.7 Billion NIS81 for five years.
34. Aside from the above-mentioned initiatives, in 2014, the MOE82 and the CHE83
together with the Irteka Scholarship Fund and other private benefactors, offered 650
scholarships for the 2015 academic year to Arab, Druze and Circassian students studying
for their first degree. 6.5 Million NIS84 were allocated for these scholarships. Preparations
are being made for another allocation, to roughly 650 new recipients.
35. The CHE has also started the process of establishing and operating a state-funded
academic college in an Arab locality in northern Israel. The CHE invited the submission of
proposals in December 2015. This institute will render higher education more accessible to
the Arab population living in northern Israel, especially to women.
36. The Government has initiated a number of development plans that address the
concerns and needs of Bedouins. All of the plans involve active participation of the relevant
communities. There are currently 18 Bedouin localities with approved outline plans and
additional development plans are underway in several other Bedouin towns. Rahat, for
example, will almost triple in size (from 8,797 dunams today to 22,767 dunams). The
project is estimated to cost approximately 500 Million NIS85. All of these plans include the
construction of infrastructure such as schools, health clinics, running water, electricity,
roads, pavements, etc. The Government is encouraging movement to regulated localities by
providing financial incentives which include, inter alia, the provision of land plots for free
or at very low cost, and compensation for the demolition of unauthorized structures.
(d) Racial discrimination86
37. The State of Israel condemns all forms of racial discrimination and its Government
maintains a consistent policy prohibiting such discrimination. In recent years, Israeli law
enforcement authorities have intensified their efforts to combat hate crimes by forming
special units designated to tackle such phenomena.
38. In January 2014, a public campaign was launched to educate the public that
discrimination and racism constitute a criminal offence. As part of this campaign, a special
internet site and hotline were created to provide information and assistance to persons
affected by discriminatory acts.
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39. To further counter racial discrimination, the MOE initiated several efforts to
advance the principles of democracy and coexistence in its curricula. These include inter
alia, the Tolerance, Prevention of Racism, and Coexistence Program, a multi-year program
designed for all ages and populations, that focuses on tolerance, acceptance of persons from
other groups, coexistence and the prevention of racism; the "Living Together Program", a
program facilitating meetings between Jewish and Arab pupils, with the aim of working
together for the benefit of both local populations;87 the "Holocaust to Human Rights"
Dialogue – which emphasizes the importance of democracy, human rights and pluralism;
"Ya Salam" – a program to promote coexistence and equality through joint Hebrew and
Arabic classes in both Jewish and Arab schools.
Judicial decisions against racial discrimination
40. The judiciary continues to protect minorities from racial discrimination. Recent
rulings include:
(a) A March 2015 HCJ decision that rejected a petition against various security
inspection methods that were employed at Israeli airports and purportedly involved ethnic
profiling (because the respondents had since begun to use new non-discriminatory security
inspection methods), but awarded the petitioner’s expenses because of its role in bringing
about important changes in airport inspection methods.88
(b) The September 2015 Rishon-Le'Zion Magistrate Court ruling which held that
bumping Arab passengers from a domestic flight to allow Jewish passengers to board in
their stead on the basis of so-called ‘security considerations’ violates the Prohibition of
Discrimination in Products, Services and in Entry into Places of Entertainment and Public
Places Law, which prohibits discriminating against persons based on their ethnic origin and
violates the Basic Law: Human Dignity and Liberty’s guarantee of human dignity.89
Accordingly, the Court awarded sizeable damages to the plaintiffs despite the fact that they
ultimately boarded the flight.90
(c) A March 2016 Nazareth Labor Court ruling91 in favor of a Druze plaintiff
who was fired on the basis of race in violation of Section 2 of the Equal Employment
Opportunities Law 5748-1988 and was awarded compensation in the amount of 54,804
NIS92, and legal fees in the amount of 10,800 NIS93.
Israelis of Ethiopian descent
41. In the wake of allegations of discrimination and popular protests, Israel implemented
a number of measures geared towards Israelis of Ethiopian descent. In February 2014, the
Government passed a groundbreaking resolution94 tasking the MOIA95 and other
Government Ministries to develop new policies for increasing the integration of Israelis of
Ethiopian descent and abolishing discrimination against them. Over 3,000 Israelis of
Ethiopian descent – including public figures, heads of NGOs, professionals and activists,
participated in over 60 round-table meetings with government officials and policy makers
to develop these policies. This process yielded a comprehensive document with six guiding
principles to serve as the basis for all new policies to be implemented concerning Israelis of
Ethiopian descent, including: integration rather than segregation: acknowledging the
diversity within the Ethiopian Israeli community itself; empowering families; closing gaps;
encouraging excellence and leadership within the community; and educating Israeli society
to eliminate all forms of discrimination against Israelis of Ethiopian descent. By the end of
2014, all Government Ministries involved in the process had established new policies
guided by these overriding principles.
42. In July 2015, the Policy Principles were adopted in Government Resolution No. 324,
which created a four year inter-ministerial program designed to adopt clear policies,
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including the establishment of a special unit in the PMO96 to oversee the implementation. In
addition, the Ministerial Committee for the Advancement of the Integration into the Israeli
Society of Israeli Citizens of Ethiopian Descent (hereinafter: “the Ministerial Committee”)
was established, headed by the Prime Minister.
43. In January 2016, the Ministerial Committee approved a resolution directing the
MOJ’s Director General to create and head an inter-ministerial team charged with
developing an action plan to deal with racism against persons of Ethiopian descent. This
team was comprised of senior officials97, in addition to representatives of the CSC, Israeli
Police, the Equal Employment Opportunities Commissioner, representatives of the
industrial sector, and representatives of Israeli citizens of Ethiopian descent.
44. In August 2016, the Ministerial Committee adopted 53 recommendations made by
the inter-ministerial team.98 The Ministerial Committee also decided to implement several
of the team's recommendations, including, inter alia: the establishment of a new unit within
the MOJ for the coordination of the fight against racism; the appointment by the Justice
Minister of an independent public commission to assist and advise the coordination unit;
the appointment of an individual in every Government Ministry to serve as a focal point
and be in charge of the fight against discrimination and racism; the provision of free legal
representation in discrimination claims relating to access and entry to public places;
positive representation of persons of Ethiopian descent in the public sphere – including
public places and the media; and the creation of an expedited procedure for the employment
of persons of Ethiopian descent with academic degrees in the public sector. The new unit in
the MOJ is also tasked, inter alia, with the implementation of the inter-ministerial team's
recommendations; fielding complaints concerning discrimination and racism and involving
the relevant authorities; composing an annual report regarding the unit's responsibilities.
The Director General of the MOJ is required to report to the Ministerial Committee on the
implementation of the abovementioned recommendations.
45. The Israeli Government, by means of Resolutions adopted between October 2015
and February 2016,99 approved special programming that involves over 10 Ministries and
Government agencies in the following areas: education; integration; employment; family
and community. The programs created under these initiatives include efforts to educate the
public and alter prevailing attitudes; minimize gaps; and promote leadership and
excellence. The plans formulated by various Ministries pursuant to these Resolutions
include targets for a four-year plan (2016–2019) and relevant budgets, with a total budget
of approximately 500 Million NIS100.
46. In addition to the administrative and legislative measures that demonstrate Israel's
commitment to non-discrimination, the Israeli Police have likewise shown such dedication
by initiating a detailed plan to prevent discrimination and reduce points of friction with this
population. The plan includes, inter alia, training officers how to police in a multi-cultural
setting; adding local community police officers who offer special programs and serve as a
liaison between the community and police; increasing the recruitment and promotion of
Israeli citizens of Ethiopian descent within the Police and increasing the number of
Amharic-speaking dispatchers (100). Though final statistics are not yet available, there are
indications that these measures have led to a reduction in the number of arrests and
detentions of Ethiopian Israelis, especially among youth.
47. There have also been numerous judicial decisions rendered regarding racial
discrimination against this group. In one recent example from January 2016, the Haifa
Regional Labor Court ruled in favor of an Israeli woman of Ethiopian descent who claimed
that she suffered discrimination due to her ethnic origin in violation of the Equal
Employment Opportunities Law 5748-1988. The Court held that the plaintiff had proven
that the respondent company had discriminated against her and had refused to hire her due
to her ethnic origin without examining her relevant employment skills. Due to the severity
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12
of the case, the Court awarded compensation in the amount of 50,000 NIS101 to the
plaintiff.102
(e) Rights of persons with disabilities103
48. Israel is proud of its achievements regarding the protection and promotion of human
rights for all persons with disabilities and remains committed to promoting a disability
rights agenda. Israel devotes tremendous resources to enabling disabled people to fulfill
their potential, maintain their dignity and freedom, and enjoy equal rights.
49. In furtherance of the two principal sources of legislation mandating accessibility to
public places and services, the Equal Rights for Persons with Disabilities Law 5758-1998
(the "Equal Rights Law") and the Planning and Building Law 5725-1965, additional
Regulations have been promulgated relating to a wide variety of places and services that
require accessibility adjustments. As of January 2017, 21 detailed Accessibility Regulations
had been adopted. As required by the Equal Rights Law, these Regulations were drafted in
consultation with organizations working on behalf of persons with disabilities. Important
work is ongoing in this area, with 13 draft Accessibility Regulations in various stages of the
legislative process.104
50. These aforementioned Regulations have greatly increased the scope of accessibility
requirements relating to sites and services, including: the construction of public buildings
(existing and new); educational facilities (existing); open public places like cemeteries and
beaches; archaeological sites; national parks and nature reserves; transportation services
(including buses, trains, taxi cabs, and rental cars); information accessibility and
telecommunication services. Recent legislative measures include an amendment to a
Transportation Regulation, addressing the accessibility of the light rail. Other measures
address accessibility provisions for professional training courses, health facilities and
higher education institutions.
51. The Commission for Equal Rights of Persons with Disabilities in the MOJ works to
ensure that these accessibility regulations are implemented by, inter alia, publishing data
and by training officials, as well as by means of a specialized accessibility enforcement
department that operates nation-wide. Supervisors perform field surveys and are authorized
to investigate, request documents, and inspect premises. They conduct over 1,000 such
inspections annually and issue letters of warning to entities found not to be in compliance
with accessibility Regulations. When necessary, they are authorized to issue an order
obligating an entity to make accessibility adjustments. The violation of terms of an
accessibility order is a criminal offence, punishable by a court-imposed fine. If an
accessibility order has been issued to a public or private corporation, or to a local authority
or government entity, officials may be held personally liable.
52. Employment discrimination against a person with disabilities, by reason of his/her
disability or against family members of a person with disabilities by reason of that
disability, is strictly prohibited under the Equal Rights Law. Section 8(e) defines
discrimination as including the failure to make adjustments required by virtue of the special
needs of a person with a disability in order to facilitate her/his employment.105
53. Recognizing the challenges faced by persons with disabilities in seeking
employment opportunities, the Equal Rights Law provides that if an employer with over 25
workers finds that disabled persons are not appropriately represented, the employer must
enable such integration, including by making adjustments to the workplace. Recent
legislation has defined "appropriate representation" for public and private sector employers
and has established implementation or enforcement mechanisms.106
54. Other recent measures aimed at improving the lives of PWD include the launch of a
public awareness campaign to promote the rights of persons with disabilities and the
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13
accessibility requirements of public places. From 2011 until 2016, the campaign included
television, radio, internet, new-media and newspaper coverage in Hebrew, Arabic and
Russian. The annual budget of these campaigns was 1,500,000 NIS107.
(f) Religious freedoms108
55. As underlined in the Basic Law: Human Dignity and Liberty, freedom of religion is
an important facet of Israeli society, and consists of both the freedom of religion109 as well
as the freedom to practice one's religion.
56. Israeli Law guarantees freedom of worship and ensures access to holy places to
members of all faiths. The Protection of Holy Places Law 5727-1967 safeguards all holy
places from desecration and subjects violators to significant prison sentences.
57. Holy sites in sensitive areas are guarded by the Police in order to protect tourists,
visitors, and worshippers and maintain public order.
58. The GOI takes the desecration of holy sites very seriously and the Prime Minister,
President, and Defence Minister have all denounced such actions in the harshest terms.110
As a matter of policy, Israel investigates and prosecutes the offenders in such situations.
For example, on July 28, 2015, an indictment was filed in Nazareth District Court against
two suspects in relation to the arson at the Church of the Multiplication of the Loaves and
Fish in Nahum Village in June 2015. One of the suspects was charged with arson under
aggravated circumstances, defacing real estate with a hostile motive towards the public,
conspiracy to commit a crime, conspiracy to commit other offences, using a car in the
commission of a crime, obstructing a police officer, and violation of a legal order. The
second suspect was charged with providing means for the commission of a crime and
conspiracy to commit other offences. The first suspect was convicted in July 2017, while
the second was acquitted of all charges against him. In addition to prosecuting the
offenders, the GOI further displayed its commitment to religious freedom and the sanctity
of holy sites, by transferring 1.5 million NIS111 in January 2017 for the complete renovation
of this Church.
59. Israeli courts have also protected those who prefer to receive civilian over religious
services. On September 4, 2014, the Kfar Saba Magistrate Court held, in two separate cases
brought by spouses of deceased individuals who had desired to have a civilian burial, that
the State had not fulfilled its legal obligation in accordance with The Right to Alternative
Civil Burial Law 5756-1996, which requires that alternative cemeteries be established in
various regions throughout Israel. The Magistrate Court ruled, inter alia, that there were not
sufficient civil burial cemeteries available and that the civil burial cemeteries that did exist
were not in close proximity to the relevant populations. The Court also determined that the
MRS did not disseminate information regarding civil burial options to the public and
ordered the MRS to reimburse the plaintiffs.112 As of September 2017, the number of
cemeteries for alternative civilian burial had increased to 23113. The list of cemeteries is
now published on the MRS' website.
60. In addition to Jewish and civilian burial, persons of other faiths are buried according
to their own customs in Israel. Likewise, in an appeal brought by the mother of a
transgender woman who requested in her will that her body be cremated upon her death, the
Supreme Court upheld the Jerusalem District Court decision to honor the deceased's
request.114
61. The GOI has made efforts to accommodate the needs and lifestyles of employees of
different religions. The CSC provides holiday and vacation time according to employees'
relevant religious holidays, such that Muslim employees are entitled to a day off during
Ramadan and Christians can choose Sunday as their day off from work. Only recently, in
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May 2016, the CSC approved, ex gratia, that Muslim employees of the MOJ could report
on-call shifts during Ramadan.115
2. Children's rights116
(a) Education
62. Israel remains determined to protect children's rights and their welfare and has
continued to legislate and act towards the betterment of all children. Israel is a signatory to
numerous international conventions117 and new policies and legislation give effect to the
rights and obligations contained therein.
63. Israel's educational system is based on the principle that every child receive an equal
opportunity for education, as enshrined in Section 2(8) of the National Education Law
5713-1953 ("The National Education Law"). Similarly, Section 5(A)(1) of the Pupil's
Rights Law prohibits any form of discrimination concerning the registration of pupils by
governmental and local authorities or any educational institution.
64. Every parent has the right to choose between public and private kindergartens and
between secular or religious ones. No tuition is charged for children enrolled in public
kindergartens.118 This right to free and compulsory education is granted to every child
living in Israel, regardless of his/her citizenship or legal status. Since the last UPR cycle, a
number of important reforms have been adopted, including the 2016 Amendment No. 35 to
Compulsory Education Law 5709-1949, which lowered the compulsory age of enrollment
of children in kindergartens from five to three.
65. Another important recent reform, Government Resolution No. 2659, which expands
governmental support of after-school day-care programs, was adopted on May 21, 2017.119
This resolution enlarged the financial support granted by the MOE to after-school day-care
centers, and supervision of the programs, ensuring the quality of service provided and the
pedagogical standards.
(b) Health
66. As of January 2017, children below the age of 15 became entitled, under the
National Health Insurance Law 1994-5754, to receive free basic dental care treatment and
other treatments with low deductibles.120 The treatments will be further extended in one
year to include children age 15, and in two years to cover those who are 16, and so on, up
until the age of 18.
67. In 2014 the Government enacted, inter alia, the Supervision of the Quality of Food
and Proper Nutrition in Education Institutions Law 5774-2014 which obligates the State to
supervise the nutritional values of all foods sold and served in educational institutions.
(c) Economic and social
68. Pursuant to the National Insurance Regulations (Long-Term Savings for Child)
5777-2016, there is a new long-term savings account program in Israel. As of January 2017,
the NII121 contributes 50 NIS122 each month into a long-term savings plan for each child
eligible for this allowance until the child reaches the age of 18. The parent may choose to
have the child's funds held in a designated savings account that is managed within the
framework of either an investment provident fund or bank savings account. The parents
have the option to match the NII contribution and deposit an additional sum of 50 NIS123
monthly for the child. In addition, every child receives 250 NIS124 upon reaching the age of
3 and 250 NIS125 upon reaching the ages of 12 and 13 respectively. If a child keeps the
funds in the savings account until age 21, he/she will receive 500 NIS126 at that time.
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69. Following the 2016 Amendment No. 55 to the Womens' Employment Law 5714-
1954, either the mother or father of a newborn may be absent from work for one hour a day
for the first four months following parental leave, without it impacting their salary. Civil
servants that are parents of young children are granted even greater flexibility.127 Like the
aforementioned parental leave amendments, this amendment promotes greater parental
involvement in raising children and helps families adjust better to their work-life balance.
70. Amendment No. 6 of 2013 to the Marriage Age Law 5710-1950 raised the minimum
age for marriage from 17 to 18. Anyone who marries a minor, officiates at a minor’s
wedding, or enables the marriage of a minor under his/her guardianship may be sentenced
to two years of imprisonment or a fine.
3. Access to justice128
71. The Supreme Court is Israel’s highest judicial instance.129 The Court has 15 justices,
who usually sit on panels of three. Under Article 15 of the Basic Law: The Judiciary of
1984, the Supreme Court serves two primary purposes: it is the court of first instance for
constitutional cases and the highest court of appeals, as well. Thousands of cases and
petitions are heard annually.
72. The Court offers broad standing rules, allowing all persons, including non-citizens
and non-residents, to directly petition it, on a very wide range of issues. The Supreme Court
rules on such petitions, and when justified, issues injunctions against the Government or
other relief as appropriate.
73. Free legal aid is offered in Israel, under certain circumstances, via the PDO130 which
provides legal representation throughout criminal proceedings, and the LAA which offers
legal counsel to persons who cannot afford legal representation in civil proceedings.
Eligibility for LAA depends upon the subject-matter of the case, the financial ability of the
applicant, and the likelihood of success of the legal proceedings.131
74. In November 2014, a pilot program was launched creating Community Courts for
criminal proceedings, which employ a judicial and rehabilitative approach aimed at
reducing incarceration and preventing recidivism. By providing personal assistance during
the process, tailoring a rehabilitation plan to defendants’ needs and circumstances and, in
appropriate cases, offering the assistance of the community, this framework provides
perpetrators of crimes an incentive to rehabilitate themselves and the Court an opportunity
to spare defendants from imprisonment if they complete their individualized rehabilitation
plan.
4. Economic rights132
75. Following an agreement in late 2014 between the Presidium of Business
Organizations and the General Federation of Trade Unions, which was later ratified in
legislation, the minimum wage in Israel was incrementally increased from 4,300 NIS
monthly133 in 2014 to 5,000 NIS134 monthly in January 2017.135 This increase not only
improves the lives of low-wage earners but also provides a greater incentive for
unemployed individuals to work.
5. Environmental protection
76. Israel ratified the Paris Agreement136 on November 14, 2016 and the Agreement
entered into force in Israel on December 22, 2016.
77. As part of its commitments under the Agreement, Israel submitted its Nationally
Determined Contribution (NDC), which is a national plan for emissions reductions.137
According to its NDC, by 2030, Israel intends to reduce its per capita greenhouse gas
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emissions by 26% below 2005 levels. Israel also set an interim target of 15% reduction of
2005 levels by 2025.
78. Recently, Israel became a full member of the Umbrella Group, a coalition of non-
EU138 developed countries139. This group provides a forum in which members consult each
other regarding negotiations on the implementation of the Agreement.
79. Israel is also deepening its relationship with UNEP140, including by providing
financial and technical support to UN Environment projects in Africa.
80. Israel plays an active role as a member of the Barcelona Convention for the
Protection of the Mediterranean Sea against Pollution, and in this vein ratified the Protocol
on Integrated Coastal Zone Management in the Mediterranean on February 4, 2016.
81. In the last reporting cycle, Israel also adopted a number of new laws relating to
environmental protection:
(a) On January 1, 2017 the Law to Reduce the Use of Disposable Bags 5776-
2016, took effect. This law substantially reduces the number of plastic bags used by the
public by charging for plastic bags in supermarkets. Within the first three months of this
law coming into effect, there was a reduction of up to 80% of plastic bags purchased by
supermarkets for distribution to the public.
(b) The Law for the Regulation of the Practice of Pest Control 5776-2016 came
into effect on June 1, 2016 and regulates pest exterminators to ensure safe and
environmentally sound practices.141
(c) The Electrical and Electronic Equipment and Batteries Law 5772-2012
which came into effect on March 1, 2014 along with a number of ancillary regulations,
imposes extended producer responsibility on manufacturers and importers of electrical and
electronic equipment, prohibits the burial of waste equipment and batteries and requires that
they be recycled.
6. Prisoners' rights (Protection of persons subjected to detention)
82. On June 13, 2017, in a case concerning the living conditions of prisoners in Israel
brought by several human rights NGOs, the Israeli Supreme Court held that the State must
provide, within 18 months, 4.5 square meters of living space for each prisoner or detainee,
as required under Section 2(8) of the Prisons Regulation (Imprisonment Conditions) 5770-
2010, instead of the 3.16 square meters that was typically apportioned in most Israeli
prisons.142 The Court stressed that having a minimal living space is an essential condition
for the protection of a prisoner's right to human dignity. In its decision, the Court included a
detailed reference to the right for adequate living space of prisoners under international
human rights law.143
83. Recently, Israel has focused more attention on the treatment of convicted offenders
in order to maximize their potential to integrate into a normative lifestyle upon their release
from prison and decrease the likelihood of recidivism. In August 2016, the Government
adopted the main recommendations of the Public Committee for the Examination of the
Punishment and Treatment of Convicted Offenders, which had been established in 2011 to
study alternatives to punishment and ways to treat convicted offenders, with the aim of
preventing recidivism to the extent possible.144 The recommendations that were adopted
include:
(a) the establishment of a research and information team in the Ministry of
Justice to examine the effectiveness of different means of punishment and to collect
statistical, comparative and other information regarding punishments, rehabilitation and
court sentences, the scope of a given criminal phenomenon and more;
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(b) the expansion of the existing model of “Community Courts” in order to
reduce incarceration levels;145
(c) community service as an alternative to imprisonment when the prison
sentence is 9 months or less;
(d) the establishment of a team, headed by the Deputy Attorney General
(Criminal), to examine alternatives to punishment, with an emphasis on alternatives to
prison sentences.
84. One alternative to incarceration that Israel has used since 2005 as part of a pilot
program and which has been extended by temporary measures, is electronic monitoring of
detainees released on bail and those released from imprisonment on parole. In 2014, the
Knesset passed the Electronic Monitoring of Detainees and Conditionally Released
Prisoners Law (Legislative Amendments) 5775-2014, which permanently established this
program.
7. The fight against trafficking in persons
85. Israel has made remarkable progress in recent years in the continuing struggle to
eliminate trafficking in persons. The Government of Israel continues to participate actively
in global efforts to combat trafficking and has shared its knowledge and experience in this
field both internationally and domestically146 and while hosting study visits by foreign
delegations, like the July 2016 study visit from Albania on compensation for trafficking
victims147, and the September 2016 visit from Moldova148 on organ trafficking.
MASHAV149 continues to conduct its bi-annual international conference for judges and
justices on this topic150 in cooperation with various international organizations including the
OSCE151; IOM152; the UNODC153; and the U.S. Government and to host an annual
International Workshop on “Combating Violence against Women and Children”, in
cooperation with UNESCO154. At the end of the June 2016 workshop, the participants
presented the Haifa declaration 2016: “A Call for Action from the Participants of
MASHAV MCTC Course on Combating Violence against Women and Children”.
86. Israel's legislature is also actively engaged in this issue. The Knesset Subcommittee
on Combating Trafficking in Women and Prostitution was reestablished in February 2016.
The Subcommittee collaborates with relevant government entities and civil society
organizations. The various authorities and NGOs know they may turn to the Subcommittee
for help in resolving specific problems or in advancing various urgent matters in legislation.
87. In 2016, the NATU155 created a new inter-ministerial forum, comprised of legal
advisors from all relevant Government Ministries. The inter-ministerial forum, which met
in 2016-2017 aims to build knowledge and expertise within the legal departments of each
Ministry, and strengthen collaboration between the various Ministries. NATU also
established an internet forum enabling updates and direct communication between the
varied agencies.
88. Recent bilateral agreements for foreign workers serve as a further safeguard against
trafficking in persons. The pilot agreements signed with Nepal and Sri Lanka in 2015 and
2016, respectively, aim to recruit a limited number of qualified caregivers through a
transparent process that includes mechanisms designed to eliminate the payment of illegal
recruitment fees by workers. As such, these workers arrive in Israel without the
unreasonable debts previously incurred by workers. In addition, the applicants to the
program undergo a sixty-hour professional course prepared by Israel and a pre-departure
orientation in which they receive information regarding their legal rights and obligations.
89. In 2016, special efforts were made to train relevant officials who had not yet
received TIP156 training. For example, PIBA's border officials in Eilat, a city which is
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becoming a significant entry point, were trained to identify possible victims of trafficking.
In addition, the NATU provides guiding principles to identify victims of trafficking, and
distributes a book to every labor inspector containing a list of criteria and procedures to
identify trafficking victims.
90. Several important judicial decisions in 2016 manifest Israel's commitment to
eliminating trafficking in persons:
(a) The Supreme Court rejected an appeal and upheld the conviction of a
Jerusalem couple for holding a person under conditions of slavery.157 The case made clear
that the offense can exist even when no violence or physical barriers have been placed in
the way of an individual's freedom, and even when a similarly situated person may have
been able to escape.
(b) In July 2016 an indictment was filed against two defendants who had
recruited women from former Soviet Union countries via the internet to come to Israel and
engage in prostitution. One defendant also approached a Ukrainian citizen to recruit women
for prostitution. The defendants had caused 15 women to come to Israel and provide sexual
services. The defendants were sentenced to imprisonment, a fine and forfeiture of cash.158
(c) An indictment was filed against a defendant who lured women from Russia
and the Ukraine to enter Israel and provide sexual services by promising them high
earnings as masseurs and the chance to reside in luxury apartments, along with his partner,
who managed the apartments and was responsible for informing the women of the terms of
employment. Some of the women were required to perform sexual acts on the defendants
and to allow the defendants to "examine" them. As part of a plea bargain in September
2016, the defendants were sentenced to four years imprisonment and were required to pay a
fine of 5,000 NIS159 and compensation to the complainants. Both defendants have appealed
the verdict.160
91. The GOI’s concerted efforts to prosecute cases involving Organ Trafficking
culminated in indictments against two trafficking networks in 2016. This allowed, inter
alia, a thorough examination of the unique characteristics of each network and advanced
efforts to learn how to prevent the continuation of this abhorrent phenomenon.
(a) In November 2016, an indictment was filed against seven defendants who
persuaded economically vulnerable Israelis to sell their kidneys and found patients willing
to pay a significantly higher price for the kidney than the fee the defendants gave to the
donors. The illegal transplants were carried out in Turkey.161
(b) In December 2016, an indictment was filed against three defendants charged
with operating an organ trafficking network that sold "transplant packages" to Israeli
citizens. Donors were presented as altruistic, but were actually individuals with financial
and personal difficulties, recruited from CIS162 countries. The surgeries were performed in a
third country (Thailand, Philippines, Turkey, and Bulgaria). While the recipients paid the
defendants for the transplant, the donors only received about 1/8th of that amount, while the
defendants kept the remaining funds. A hearing in this case is scheduled for March 2018,
while two of the defendants remain in custody.163
92. The Anti-Trafficking Law (Legislation Amendments) 5767-2006 established a special
fund, where forfeited property and fines from trafficking and slavery offenses are deposited
and dedicated to various causes in combating TIP – with a special emphasis on victim
protection and compensation. The law gives precedence to victim protection and
rehabilitation, ordering that at least half of the funds each year be allocated to that purpose.
In 2016, the fund began its operations – having finally accumulated sufficient funds. A call
for applications was published in ten languages, and applications were received from NGOs
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and victims of offences. The decisions regarding the allocation of the funds are made by a
special committee, comprised of government officials and public representatives.
C. New and emerging issues, including advances and challenges in that
regard
1. Polygamy
93. The practice of polygamy deleteriously impacts women and children and the status
of women in society in general, and as such, Israel continues to struggle to eliminate the
practice. However, Israel, like other countries with traditional communities, encounters
opposition. According to recent findings of the NII, in 2016, there were 1,762 cases of
polygamy in Israel, most of them within the Bedouin population in the south of Israel.
94. Several efforts have been made to confront this challenge. First, in January 2017, the
GOI adopted Resolution No. 2345, which established an Inter-Ministerial Committee
tasked with handling the issue of polygamy and called for the development of a strategic
plan to address this phenomenon. Second, the Attorney General published Guideline No.
4.1112, entitled "The polygamy offence" on January 23, 2017. The goal of the Guideline is
to enhance effective enforcement of the polygamy offence under Section 176 of the Penal
Law and to augment its punishments. The Guideline describes the destructive implications
that polygamy has on women and children, including its impact on a child's well-being and
development; its economic and emotional implications upon women; and its general
negative effect on the status of women in society.
2. Prostitution
95. In July 2017, the Knesset preliminarily approved two bills that make paying for
sexual services a punishable crime and provide rehabilitation services to survivors of
prostitution. The GOI intends to present a proposal on this issue, incorporating these two
bills.
96. In 2016, after several years of efforts, the National Survey Regarding Prostitution, a
collaboration of the MPS164 and the MOLSASS, was completed. The survey yielded
important and sometimes surprising findings that explained the phenomenon and may help
improve existing services for persons formerly involved in prostitution and create new
ways to handle the issue. As the result of the study, an additional 1,000,000 NIS165 was
allocated to expand the services rendered to prostitutes and further budget increases are
expected in the coming years.
97. In December 2016, Amendment No. 127 of the Penal Law entered into effect,
amending Section 203C of the Penal Law and increasing the penalty for the offence of
procuring an act of prostitution from a minor from three years to five years’ imprisonment.
While receiving commercial sexual services from minors has been an offence since 2000,
this amendment increases the severity of the punishment for the offense, thereby changing
its status to a felony. The amendment, also in accordance with a CRC Committee
recommendation to the GOI, further enhanced the rights and protections afforded to
victims.
98. The State Attorney's Office, together with NATU, recently conducted an
examination of cases relating to the prostitution of minors which were closed for lack of
evidence, in order to understand the evidentiary difficulties involved. The State Attorney
has reiterated the need to enhance and prioritize enforcement efforts to the Head of the
Investigations and Intelligence Division in the Police. The Police have been improving
enforcement efforts with regard to minors involved in prostitution, through ongoing efforts
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to improve cooperation between the Police, the MOLSASS, MOH, MOE and the ELEM
NGO. Plans are underway to expand the protection programs for minors in prostitution, and
to establish ten more centers for the treatment of minors and young people in prostitution,
beyond the existing five.
99. The new inter-ministerial forum comprised of representatives from the legal
departments of all relevant Government Ministries discussed above in connection with the
fight against TIP, is also tasked with the prevention of prostitution and related law
enforcement.166
D. Challenges which would require the support of the international
community
100. Like other countries around the world, Israel remains concerned by the constant
threat of terrorism and is threatened by the escalating levels of incitement to violence and
recruitment of children to commit acts of terror. There are abundant and pervasive
resources available to contemporary terrorists and terror organizations are quick to adapt to
new modes of online exploitation. Through social media, online chatrooms and other userfriendly
technologies, the internet has become a dangerous platform for inspiring
martyrdom and promoting violent extremism. Israel is deeply invested in combatting the
challenge of online hatred and abuse of social media platforms for the sake of terror, while
simultaneously being careful to preserve individuals’ rights to freedom of expression. We
continue to work with the international community to share best practices and find solutions
for this global challenge.
101. On June 15, 2016, as part of Israel's ongoing battle against terrorism, the GOI
enacted The Counter Terrorism Law 5776-2016. The Law provides, among other things,
updated definitions for "terrorist organization", "terrorist act" and "membership in a
terrorist organization"; detailed and streamlined procedures for the designation of terrorist
organizations, and enhanced enforcement tools, both criminal and financial. This
comprehensive law is part of an effort to provide law enforcement authorities with more
effective tools to combat modern terrorist threats while incorporating additional safeguards
to prevent violations of individual human rights, like due process mechanisms to challenge
designations. The Law does not discriminate on the grounds of race, color, descent or
national or ethnic origin and does not subject individuals to racial or ethnic profiling or
stereotyping.
102. Israel, as the State in which the Jewish people realize their right to selfdetermination,
is alarmed by the upswing in Anti-Semitic incidents throughout the globe
and hopes to collaborate with international actors in facing this challenge. One step forward
in this direction was the first ever General Assembly session addressing the rise in global
Anti-Semitism on January 20, 2015. The permanent mission of Israel to the UN managed,
with the support of the US, Canada and the EU, to convene this session in the context of
combatting racism and xenophobia. The outcome of the session, a joint statement signed by
51 Member States, was later endorsed and circulated by the Secretary General.167 As a
follow-up to the session, a High Level forum on Anti-Semitism met in New York on
September 7, 2016. The event included multiple expert panels and civil society
participation.
Notes
1 Universal Periodic Review.
2 A/HRC/RES/16/21.
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3 A/HRC/DEC/17/119.
4 Ministry of Foreign Affairs.
5 Ministry of Justice.
6 International Covenant on Civil and Political Rights.
7 Convention on the Elimination of All Forms of Racial Discrimination.
8 International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
9 Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child
Pornography.
10 International Convention of the Elimination of All Forms of Discrimination against Women.
11 Convention on the Rights of Persons with Disabilities.
12 Government of Israel.
13 World Intellectual Property Organization.
14 Persons with Disabilities.
15 These are amendments to the Copyrights Law and the Performers and Broadcasters Rights Law
5744-1984.
16 United Nations Office for the Coordination of Humanitarian Affairs.
17 United Nations Human Rights Office of the High Commissioner.
18 United Nations Children’s Fund.
19 United Nations Secretary General.
20 Former UNSG Ban Ki-Moon visited in 2014 and 2016.
21 UNSG Guterres visited in August 2017.
22 United Nations Human Rights Council.
23 This visit occurred in September 2016.
24 International Committee of the Red Cross.
25 UPR Recommendations 136.32, 136.33, 136.34, 136.35, 136.36, 136.37, 136.40, 136.42, 136.44,
136.45, 136.50.
26 Convention on the Rights of the Child.
27 For example, the team’s work led to the transfer of the Inspector for Complaints against the Israeli
Security Agency (ISA) from the ISA to the MOJ after various Human Rights Treaty Bodies raised
concerns in their Concluding Observations about the lack of independence of the Inspector’s office
from the subjects of its investigations. Another example is the team’s role in increasing the penalty
issued for accepting sexual services from a minorto reflect 2015 CRC Concluding Observations.
28 UPR Recommendations 136.17, 136.18, 136.55, 136.58, 136.59.
29 UPR Recommendations 136.19, 136.53, 136.56, 136.60, 136.62, 136.64, 136.81, 136.82, 136.91,
136.92, 136.101.
30 Member of Knesset.
31 There are currently 33 women MKs.
32 The percentage of female directors in government companies was 33% in 2007 and 39% in 2011.
33 Judge of a Muslim Religious Court.
34 The Committee was established pursuant to Government Resolution No. 36. (May 26, 2015).
35 This Committee is more commonly known as "The Stauber Committee".
36 Civil Service Commission.
37 Women who have worked for less than one year at their place of employment when they take
maternity leave receive 8 weeks of paid maternity leave.
38 Israel Defense Forces.
39 The Amendment (No. 19), stipulates that “The status and integration of a veteran woman in the
defence service will not be prejudiced on account of the service of graduates of yeshivas and ultra-
Orthodox religious institutions in the defence service under this chapter”. Furthermore, the
Amendment obliges the Minister of Defence to annually report on the effect of the implementation of
this Amendment to the Knesset Committee of Foreign Affairs and Defense and the Committee for
Advancement of the Status of Women and Gender Equality.
40 Legal Aid Administration.
41 While it is part of the MOJ, the LAA is independent and may file suits against the Government on
behalf of its clients, who otherwise cannot afford legal representation.
42 The largest Bedouin city in the south of Israel.
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43 Forwarding any such material is also deemed a sexual harassment offense.
44 Authority for the Advancement of the Status of Women.
45 Ministry of Religious Services.
46 Ministry of Health.
47 Ministry of Transport and Road Safety.
48 High Court of Justice.
49 One of the appellants had been ordered to give a Gett in 2011 and the other was ordered to do so in
2014. H.C.J. 5185/13 Anonymous v. The Great Rabbinical Court in Jerusalem, (28.02.2017).
50 These sanctions included: preventing them from receiving passports and drivers' licenses, limiting
their bank activities, instructing Israeli consulates abroad to refrain from assisting them, approving the
publication of the appellants' photograph and details, public shaming (tagging them as "criminals") in
the community, prohibiting the community from assisting them, visiting them in hospitals, seating
them in synagogues, trading with them, showing them respect, and even performing a Jewish burial
for one (1) of the appellants (when he ultimately passes).
51 H.C.J. 5185/13 Anonymous v. The Great Rabbinical Court in Jerusalem, (28.02.2017).
52 H.C.J 9261/16 Anonymous and "Dead End" (Mavoy Satum) NGO v. The Great Rabbinical Court et.
al.
53 Rq.C.A 6897/14 Radio Kol Berama v. "Kolech" - Religious Women's Forum (9.12.2015).
54 Cc 16-03-14588 Rabinowitz vs. El Al Israel Airlines Ltd.
55 UPR Recommendation 136.56.
56 Ministry of Labor, Social Affairs, and Social Services.
57 Population and Immigration Authority.
58 While the policy was not official before 2016, this shortened process was already implemented in
individual cases as early as 2014.
59 Ministry of Interior.
60 National Labor Court NII.Ap. 19745-05-15 The National Insurance Institute v. Anonymous (31.3.16).
61 C.A 5116-11-12 Yad HaShmona Guest House and Banquet Garden v. Yaacobovitch et. al. (17.6. 14).
62 Tel Aviv-Jaffa Family Matters Court, F.C. 57740/12/13 Anonymous et. al v. The Attorney General et.
al. (1.3.15). This is different from adoption proceedings which do require a social services review.
63 S.Cr.C. 44503-08-15 The State of Israel v. Yishay Shlisel (19.4.2016, 26.6.2016).
64 533,500 USD.
65 Sexual Orientation and Gender Identity.
66 Equal Rights Coalition.
67 UPR Recommendations 136.27, 136.53, 136.57, 136.58, 136.63, 136.67, 136.85, 136.86, 136.90,
136.91, 136.92, 136.93, 136.94, 136.95, 136.96, 136.98, 136.100, 136.102, 136.103.
68 As mentioned in the Gender-based equality section above, two of the Knesset Members belonging to
the Arab minority are women.
69 The number of Arab students obtaining degrees is increasing rapidly. During the academic year 2011-
2012, 27,220 Arab students were enrolled in programs for a degree (and an additional 4,000 students
were enrolled in an online university for a first and second degree), 22,000 of whom were studying
for a first degree, 4,600 for a second degree, and 470 for a third degree. During the 2015-2016
academic year, 36,945 Arab students were enrolled in a degree program, 29,380 of whom were
studying for a first degree, 6,645 for a second degree, and 625 for a third degree. It is also important
to note that there has been a marked rise in the number of female Arab students receiving degrees.
Female Arab students account for 66% of the Arab students studying for first degrees, a number
significantly higher than the 52% female Jewish students studying for such degrees.
70 Education facilities for children aged 0-3 are highly significant for the reintegration of women into
the labor market. In 2014, the Ministry initiated a new method of resource allocation for the planning
and building of daycare facilities, clearing hurdles for the construction of daycare centers in Arab
localities. For example, certain Arab local authorities are now not required to match funding allocated
by the authority, in order to rent land or facilities.
71 These are employment guidance centers.
72 As of May 2016, there were 21 such centers operating in Arab localities, providing vocational
training and placement assistance. Since their establishment, these centers have served about 17,000
applicants (60% of whom are women), of which approximately 10,000 men and women were assisted
in finding employment.
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73 52 Million USD.
74 174.73 Million USD.
75 Resolution No. 1052.
76 14.2 USD.
77 3.4 Million USD.
78 2.1 Million USD.
79 2.73 Million USD.
80 21 Million USD.
81 447.4 Million USD.
82 Ministry of Education.
83 Council for Higher Education.
84 1.7 Million USD.
85 135.13 Million USD.
86 UPR Recommendations 136.43, 136.53, 136.58, 136.59, 136.61, 136.62, 136.65, 136.85.
87 In 2015-6, 178 elementary schools and 189 middle and high schools (with 12,776 and 5,558 pupils
respectively) took part in this program.
88 H.C.J. 4797/07 The Association for Civil Rights Israel v. Israeli Airport Authority et. al. (10.3.15).
89 Rishon-Le'Zion Magistrate Court, C.s. 1230-07-13, Ayoub Abu-Sabit et. al. v. Israir Airlines and
Tourism et. al. (21.9.15). The Court further found that both respondents violated a statutory duty by
not respecting the constitutional right to equality in providing a public service (Section 63 of Torts
Ordinance [New Version] 5728-1968]) and the "duty of care" aspect of the Tort Ordinance and that
the airline violated the principle of good faith while implementing a contract towards the plaintiffs
(Section 39 of the Contracts (General Part) Law 5733-1973)).
90 Plaintiff No. 1 was awarded 25,000 NIS (6,460 USD) and each of the four other plaintiffs were
awarded 20,000 NIS (5,170 USD).
91 L.D. 16211-11-14, (Nazareth Labor Court) Mansur Mansur v. Electra Consumer Products Ltd.
(20.03.2016).
92 14,442 USD.
93 2,850 USD.
94 1300.
95 Ministry of Immigration and Absorption.
96 Prime Minister's Office.
97 The senior officials included Deputy Director General or branch managers.
98 See Report of the Inter-ministerial Team to Eradicate Racism against Persons of Ethiopian Origin,
pp. 123-131 at
http://www.justice.gov.il/Pubilcations/Articles/Documents/ReportEradicateRacism.pdf.
99 The Government approved Resolution No. 609 in October 2015 and Resolution 1107 in February
2016.
100 130.2 Million USD.
101 12,800 USD.
102 Em.D. 37213-08-13 Ta'aya Trapya v. Deree Air-Conditioning LTD (24.1.16).
103 UPR Recommendations 136.87, 136.88, 136.89.
104 This number is accurate as of January 2017.
105 The Government, via the Administration for the Integration of PWD at the Workforce in the
MOLSASS helps private sector employers fund such adjustments.
106 The Expansion Order for Promoting Employment of Persons with Disabilities (PWD) which came
into effect on October 5, 2014, defines "appropriate representation" in relation to private sector
employers with over 100 employees as employing 3% of PWD in the workforce. Under the Order,
employers are to appoint a designated employee to supervise the implementation of this provision of
the Equal Rights Law. As far as the public sector is concerned, Amendment No. 15 to the Equal
Rights Law which entered into force in January 2017, requires public sector employers with more
than 100 employees whose workforce does not consist of at least 5% of persons with significant
disabilities, to prepare and post an annual work program on their website, designed to promote the
employment of persons with significant disabilities in the workforce including affirmative action and
outreach measures, as detailed in the Amendment. The Commission for Equal Rights of PWD is
authorized to issue affirmative action orders to public sector employers covered by the Amendment,
A/HRC/WG.6/29/ISR/1
24
who do not comply with their obligations to prepare and post on their website or who do not
implement their program. In addition, every public sector employer with 25 or more employees is
obligated to appoint an Equality Officer, who is charged with promoting the employment of PWD in
that workplace. Also, Amendment No. 34 to the Government Companies Law, 5735-1975, entered
into force on December 22, 2016, and obligates government companies to have several population
groups appropriately represented among its directors, including PWD. The Government Companies
Authority publicized its goal to reach 3% representation for PWD among the directors of Government
companies.
107 416,600 USD.
108 UPR Recommendations 136.21, 136.57, 136.68, 136.69, 136.70, 136.71, 136.72, 136.74, 136.75,
136.76, 136.77, 136.96.
109 This is also known as the freedom of conscience.
110 See Noam (Dabul) Dvir President Rivlin slams ‘price tag’ attack on mosque as terror, YNet News
(Oct. 14, 2014), available in http://www.ynetnews.com/articles/0,7340,L-4580600,00.html; Yoav
Zitun, Ya'alon: Price Tag is terror, perpetrators can expect zero tolerance, YNet News (Aug. 1,
2014), available at http://www.ynetnews.com/articles/0,7340,L-4474504,00.html; Ariel Ben
Solomon, Lahav Harkov, Netanyahu says ‘Price Tag’ attacks go against our values, Jerusalem Post,
(Apr. 30, 2014), available at http://www.jpost.com/National-News/Netanyahu-says-Price-Tagattacks-
go-against-our-values-350963.
111 414,300 USD.
112 C.C. 29907-12-12, Tzvi Ginsburg et. al. v. The Ministry of Religious Services (4.9.14).
113 For comparison purposes, there were 11 such cemeteries in 2013.
114 C.Ap. 7918/15 Anonymous v. Gal Friedman et. al. (24.11.2015).
115 Normally, on-call shifts may not be reported during holidays.
116 UPR Recommendation 136.20, 136.67, 136.85.
117 The human rights treaties relating to children include the Convention on the Rights of the Child, the
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in
armed conflict, the Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography.
118 The only compulsory payment that may be charged is for personal accident insurance, and is limited
to 34 NIS a year (10 USD). Voluntary payments may be collected for enrichment activities, but can
be waived if a parent desires to do so.
119 This expanded government support has thus far only been allocated for September until December
2017.
120 The treatments include, among others, periodic examinations by a dentist, x-rays taken during the
course of treatment, plaque removal, dental posts and reconstruction using amalgam and composite
materials.
121 National Insurance Institute.
122 14 USD.
123 14 USD.
124 69 USD.
125 69 USD.
126 138 USD.
127 See Civil Service Bylaws Article 31.1 for more details.
128 UPR Recommendation 136.55.
129 For additional information see http://elyon1.court.gov.il/eng/system/index.html.
130 Public Defender’s Office.
131 There is a distinction made between civil and family proceedings, whereby the eligibility for
representation for matters pertaining to personal status are based on individual and not family income,
thereby allowing single parents, for example, to receive LAA assistance.
132 UPR Recommendation 136.53.
133 1200 USD.
134 1396 USD.
135 In March 2015, the Presidium of Business Organizations and the General Federation of Labour added
a fourth phase in which the minimum wage will be increased in December 2017 to 5300 NIS (1480
USD) but this agreement has yet to be ratified for implementation across the board.
A/HRC/WG.6/29/ISR/1
25
136 This agreement is also known as the Paris Climate Agreement.
137 Israel submitted the NDC in September 2015 but according to the Agreement, a Party that submitted a
plan in advance (under the Framework Convention), may adopt it as its NDC under the Paris
Agreement.
138 European Union.
139 The Umbrella Group includes Australia, Canada, New Zealand, Russia, Japan, Norway, Ukraine,
Iceland and the US.
140 UN Environment.
141 There is, however, a transition period of three years, so that some of the provisions do not take
immediate effect.
142 H.C.J. 1892/14 The Association for Civil Rights in Israel et. al. v. The Minister of Public Security et.
al. (13.6.17)).
143 The Court included Article 10(1) of the ICCPR, Article 16 of the CAT, and the Mandela Rules of
2015 in its decision.
144 Government Resolution No. 1840 (11.8.2016); The Public Committee for the Examination of the
Punishment and Treatment of Convicted Offenders committee was headed by former Supreme Court
Justice Dalia Dorner and comprised of leading academic scholars and law enforcement personnel,
released a report with its recommendations in October 2015.
145 See paragraph 73 above. According to the Government Resolution adopting these recommendations,
there will be six Community Courts in Israel by October 2018.
146 For example, in January 2016, NATU participated in a series of lectures and meetings in San
Francisco which included meetings with state prosecutors, Members of Congress, the San Francisco
City Council and with a coalition of non-governmental organizations operating against trafficking in
persons. See http://sacramento.cbslocal.com/2016/01/13/california-lawmakers-turn-to-israel-foradvice-
on-stopping-human-trafficking-at-super-bowl-50/ for more information.
147 Coordinated by the International Organization for Migration.
148 Coordinated by the Organization for Security and Co-operation in Europe.
149 Israel's Agency for International Development Cooperation in the MFA.
150 The Conference is entitled, “The Critical Role of the Judiciary in Combating Trafficking in Human
Beings".
151 Organization for Security and Co-operation in Europe.
152 International Organization for Migration.
153 United Nations Office on Drugs and Crime.
154 United Nations Educational, Scientific and Cultural Organization.
155 National Anti-Trafficking Unit.
156 Trafficking in Persons.
157 Ibrahim and Basma Julani v. The State of Israel (Cr. A. 6237/13).
158 The State of Israel v. Alyssa Zamlan and Boris Raden (S.Cr.C. 40993-07-16 Haifa District Court).
159 1,330 USD.
160 The State of Israel v. Leonid Shtrimer and Assaf Ben-Ari (S.Cr.C. 24041-12-15, Tel Aviv District
Court).
161 The State of Israel v. Michael Ziess et. al. (Cr.C. 40524-11-16, Petach Tikva Magistrate Court).
162 Commonwealth of Independent States.
163 The State of Israel v. Mordechayeb et. al. (Cr.C53927-12-16, Tel Aviv Magistrate Court).
164 Ministry of Public Security.
165 266,700 USD.
166 See paragraph 87.
167 The statement received UN symbol A/69/864.
GE.18-06336(E)

Human Rights Council
Thirty-eighth session
18 June–6 July 2018
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic
Review*
Israel
* The annex is being circulated without formal editing, in the language of submission only.
United Nations A/HRC/38/15
General Assembly Distr.: General
20 April 2018
Original: English
Please recycle@
A/HRC/38/15
2
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26
January 2018. The review of Israel was held at the 13th meeting, on 23 January 2018. The
delegation of Israel was headed by the Ambassador and Permanent Representative of Israel
to the United Nations Office and other international organizations in Geneva, Aviva Raz
Shechter, and the Director General of the Ministry of Justice, Emi Palmor. At its 18th
meeting, held on 25 January 2018, the Working Group adopted the report on Israel.
2. On 10 January 2018, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Israel: Mongolia, Rwanda and the United
Kingdom of Great Britain and Northern Ireland.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Israel:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/29/ISR/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/29/ISR/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/29/ISR/3).
4. A list of questions prepared in advance by Belgium, Brazil, Czechia, Germany,
Liechtenstein, Portugal, Slovenia, Spain, Sweden, Switzerland and the United Kingdom
was transmitted to Israel through the troika. These questions are available on the website of
the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. In her opening remarks, the Ambassador outlined the commitment of Israel to
human rights, which were part of the core values of Israel, and were enshrined in the
country’s Declaration of Independence and protected under its Basic Laws. She noted the
country’s ongoing dialogue with civil society in the framework of several joint projects.
She also noted the ratification of the core human rights conventions and other human rights
instruments.
6. The Ambassador criticized the ongoing discrimination against Israel in the Human
Rights Council, highlighting the “infamous item 7” and the disproportionate number of
biased and political resolutions adopted against Israel. Nonetheless, she noted that Israel
continued to engage with the universal periodic review and other human rights mechanisms
in the hopes of reform.
7. The Ambassador noted efforts to host rapporteurs on an annual basis, underlining
the recent visit of the Special Rapporteur on violence against women, its causes and
consequences.
8. Citing the many challenges Israel faced, including terrorism, regional instability and
incitement, the Ambassador underscored the efforts of Israel to defend its citizens and
uphold their fundamental human rights. She stressed the commitment of Israel to the
reconstruction of Gaza, despite the Hamas regime’s ongoing terrorist activities, including
holding Israeli citizens and the remains of two soldiers. She also noted the challenges Israel
faced with the global migration crisis, as well as its humanitarian efforts worldwide, and the
ongoing treatment of wounded Syrians.
A/HRC/38/15
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9. The Director General of the Ministry of Justice presented Israel’s recent major
developments in the field of human rights. She elaborated on some of the functions offered
by the Ministry, including the provision of free legal representation in criminal proceedings
by the Public Defender’s Office, and the provision of free legal aid by the Legal Aid
Administration in civil and administrative proceedings, noting that the provision of free
legal aid had been expanded to include victims of sexual offences. She also touched upon
the enhancement of access to justice through community courts. Furthermore, she
addressed a groundbreaking Supreme Court decision that required the State to provide
larger prison cells for inmates.
10. The Director General highlighted various human rights supervisory mechanisms and
institutions in the Ministry of Justice designed to oversee the handling of complaints or
reports of torture, ill-treatment or disproportionate use of force, particularly with regard to
the role played by the Office of the Inspector for Complaints against Israel Security Agency
Interrogators, which had been transferred to the Ministry of Justice in 2014; the recent
installation of cameras in all Israel Security Agency interrogation rooms, which broadcast
interrogations in real time to Ministry of Justice supervisors; plans for the implementation
of a similar, real-time broadcasting system for police investigations; and the Department for
Investigation of Police Officers, which addressed similar complaints regarding police
misconduct. She also described the review mechanisms of the Israel Defence Forces, which
ensured compliance with the rule of law.
11. The Director General noted the interministerial committees that she headed,
including the committee for eradicating racism against persons of Ethiopian origin, the
committee for examining criminalization of the use of prostitution services and the
committee to counter the negative ramifications of polygamy.
12. Elaborating on the strong commitment of Israel to upholding human rights, the
Director General highlighted the advancement of women’s rights, noting the appointment
of the first female qadi in a Muslim religious court. She also noted the advancement of
freedom of assembly and freedom of expression, including the recent cancellation of the
Press Ordinance, which paved the way for allowing any person the right to print, publish or
distribute a newspaper. Additionally, with reference to the right to work, she described new
programmes designed to improve the integration of minorities in the workforce, and
elaborated on how those programmes had led the way for increased minority representation
at the Ministry of Justice.
13. The Director General described the active and vibrant role of non-governmental
organizations (NGOs) in Israel, and their constructive discourse with the Government, as
well as the Attorney General’s strong support for such dialogue, which had been conveyed
in a letter circulated to all legal advisers in the various government ministries — while
stressing the need to verify information received from certain NGOs. She also noted a joint
project with NGOs that was focused on enhancing NGO participation in the reporting
process for the United Nations human rights committees, and described the six round-table
discussions held between the Government, civil society and academics prior to the current
universal periodic review session.
B. Interactive dialogue and responses by the State under review
14. During the interactive dialogue, 78 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
15. Jordan expressed concern at violations of the rights of the Palestinian people and
attempts to prejudice the identity of occupied Jerusalem.
16. Libya highlighted the lack of cooperation with the international commission of
inquiry on the 2014 Gaza conflict.
17. Madagascar welcomed legal measures to address the gender wage gap but was
concerned by the excessive use of force by the security forces.
A/HRC/38/15
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18. Malaysia indicated that the Palestinians would only enjoy their fundamental
freedoms with the end of the illegal occupation of the occupied territories.
19. Maldives noted reforms of the juvenile justice system but observed that they had not
been implemented equally in regard to Palestinian children.
20. Mexico welcomed measures to eliminate gender-based violence and to promote the
rights of lesbian, gay, bisexual, transgender and intersex persons.
21. Montenegro encouraged Israel to remain committed to pursuing a disability rights
agenda.
22. Mozambique commended the ratification of international instruments and the
submission of reports to various treaty bodies.
23. Myanmar was encouraged by the commitment of Israel to protecting children’s
rights through various measures.
24. Namibia urged Israel to reconsider the proposed bill providing for the application of
the death penalty to persons convicted of terrorism.
25. Nepal encouraged Israel to continue its practice of fighting trafficking in persons by
opening up regular channels of migration.
26. The Netherlands commended Israel for its vibrant democracy but was concerned
about increasing pressure on independent human rights organizations.
27. Norway commended the progressive stance of Israel on lesbian, gay, bisexual and
transgender rights but was deeply concerned about the unresolved Israeli-Palestinian
conflict.
28. Paraguay commended Israel for developments in its national legislation regarding
violence against women.
29. Poland welcomed developments in the context of gender equality, particularly
legislative amendments and policy measures.
30. Portugal welcomed the establishment of the Ministerial Committee on Social
Equality to promote gender equality.
31. The State of Palestine noted that Israel had not implemented recommendations set
forth by United Nations bodies for the last 50 years.
32. The Republic of Korea encouraged Israel to further strengthen its commitment to
ensure the universality of human rights.
33. Romania welcomed the dialogue with civil society organizations, and the
introduction of the “round tables” series project.
34. The Coordinator of the National Anti-Racism Unit, Aweke Kobi Zena, relayed the
events that had led up to the Unit’s establishment in 2016.
35. Several incidents of police violence against Israelis of Ethiopian descent had given
rise to large-scale civil demonstrations in 2015. In the wake of those protests, the
Government had appointed an interministerial team to address the matter, and in its
comprehensive report, the team had identified racist government practices and proposed 53
recommendations. The Government had adopted those recommendations, and had
established the Unit, charging it with implementing the recommendations and eliminating
all forms of racism in Israeli society.
36. The Coordinator outlined the Unit’s various initiatives, which included developing a
database to document complaints of racism, establishing a public commission to support the
Unit, comprised of representatives of civil society and different segments of Israeli society,
advancing the formulation by the State Attorney’s Office of guidelines for identifying
incidents of racial profiling, appointing supervisors to monitor and prevent racism in all
government ministries, and establishing guidelines to prevent stereotypes in government
publications.
A/HRC/38/15
5
37. The Commissioner of the Equal Employment Opportunities Commission, Mariam
Kabaha, stressed the importance of the labour market as a vehicle for social change. She
gave an outline of the domestic laws outlawing employment discrimination, and of the
Commission’s authority to file lawsuits on behalf of employees discriminated against, to
submit amicus briefs to the courts on employment issues, and to sponsor public service
campaigns to raise awareness.
38. Discussing recent achievements in court, and questions raised by Madagascar,
Poland, France and Germany, the Commissioner noted a successful lawsuit regarding
gender discrimination, and the filing of an amicus brief in connection with a racial
discrimination case. She outlined the Commission’s various initiatives, including the
creation of a “diversity index” to identify wage gaps among the various groups in Israeli
society in order to guide related government policies, in addressing those discrepancies; the
Equal Pay: Equalizing Wages in Israel’s Workforce campaign, and the development of a
gender wage gap calculator; joint initiatives with the Government Companies Authority to
advance equal opportunity and diversity in government companies, and plans to launch
similar programmes for other sectors; and Equal Employment Opportunities Commission
campaigns for the integration of underrepresented populations in the labour market.
39. The Russian Federation highlighted violations of international and human rights law
in the Occupied Palestinian Territory, including the construction of illegal settlements.
40. Rwanda encouraged Israel to enhance efforts to address patriarchal attitudes and
gender stereotypes through the strengthened implementation of relevant laws and policies.
41. Sierra Leone encouraged Israel to strengthen efforts to promote equal treatment for
all those living in its territories.
42. Singapore commended the achievements of Israel in promoting the rights and
welfare of persons with disabilities.
43. Slovakia noted the efforts by Israel to fight racial discrimination, including the
launching of a public education campaign.
44. Slovenia was concerned about reports of ill-treatment of Palestinian minors over the
age of 12 in Israeli prisons and detention.
45. South Africa stated that Israel was the only State in the world that could be called an
apartheid state. It was deeply concerned at the denial of the right of self-determination of
the Palestinian people and expressed the view that the issue of East Jerusalem and the two-
State solution were fundamental to the exercise of that right.
46. Israel made a point of order. It requested that delegates adhere to appropriate
language of the United Nations and focus on human rights rather than politicizing the
issues.
47. The President of the Human Rights Council recalled that the universal periodic
review was a mechanism aimed at discussing the human rights situation of all States
Members of the United Nations in a spirit of cooperation. In that context, it was appropriate
for Member States to voice their opinions in their statements. Likewise, the State under
review was entitled to express its views. He appealed to all speakers to refrain from
politicizing human rights matters.
48. Spain welcomed efforts by Israel in the area of persons with disabilities.
49. Qatar stated that Israel had not seriously responded to the majority of the universal
periodic review recommendations made in previous cycles.
50. Sweden acknowledged the continued work of Israel to fulfil its human rights
obligations.
51. Switzerland remained concerned about reports of violations of human rights and
international humanitarian law, particularly in the Occupied Palestinian Territory.
52. The Syrian Arab Republic reiterated its demands that Israel as an occupying power:
end immediately the Israeli occupation of Arab occupied territories and end immediately
the colonial settlements and the policies and actions related to it, as they are considered
A/HRC/38/15
6
internationally prohibited practices violating the rights of the Palestinian people and the
rights of the Syrian people of the occupied Syrian Golan; allow immediate unconditioned
and unhindered access to the committee to investigate Israeli practices in the Arab occupied
territories and other investigative committees and fact-finding missions established by this
Council; put an end to the systematic and grave violations of human rights of the Syrians
and Palestinian people under occupation, and the provisions of international public law,
international human rights law and international humanitarian law, including detention and
torture of, among others, the prisoners and detainees, the last being the Palestinian girl child
Ahd Altamimi; and the dean of Syrian captors Sadqi al-Maqt and release them
immediately, and suspend the field executions, the last one being executing the Palestinian
Ibrahim Abu Thuraya who was disabled and on his wheelchair; stop supporting the terrorist
groups, and to stop disseminating false humanitarian allegations as a pretext for this
support, in violation of the related Security Council resolutions. Those violations were
documented by the latest United Nations Disengagement Observer Force report.
53. Thailand welcomed the ratification of the Marrakesh Treaty to Facilitate Access to
Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print
Disabled, to further promote the rights of persons with disabilities.
54. Timor-Leste remained concerned about the human rights situation but appreciated
the engagement with civil society regarding reporting to treaty bodies and the universal
periodic review.
55. Togo welcomed measures taken to implement recommendations of the previous
review cycles, and to promote the rights of women and minorities.
56. Turkey expressed concern over Israeli practices violating Palestinians’ rights,
including the use of excessive force, house demolitions and land confiscation.
57. Ukraine encouraged Israel to take further steps to implement the recommendations
from the previous review cycle.
58. The United Arab Emirates noted that the report of the Occupying Authority did not
mention the rights of the Palestinian people in the occupied territories and that those rights
had been violated for 70 years despite United Nations resolutions. It made a
recommendation to the occupying authority relating to the right to self-determination of the
Palestinian people.
59. Israel made a point of order. It stated that the speaker had used language that was not
agreed United Nations language and inappropriate in a human rights forum.
60. The President called on all delegations to use language that was appropriate to the
forum, avoid disrespectful language and uphold United Nations standards when referring to
countries and territories.
61. The United Arab Emirates responded that the right of self-determination is
recognized in International Law.
62. The United Kingdom noted steps taken to eradicate forced labour and human
trafficking. It remained concerned about children in detention.
63. The United States of America inquired about measures to continue to ensure that all
components of society had an effective voice in civil affairs, to minimize administrative
detention orders and guarantee that all detainees could effectively challenge in court the
legal basis of detention, and to provide improved access to education, land, housing, health
care and employment to Arab Israelis and Bedouins.
64. Uruguay highlighted the commitment of Israel to gender equality and encouraged
continuing efforts to guarantee the rights of lesbian, gay, bisexual, transgender and intersex
persons.
65. The Bolivarian Republic of Venezuela regretted Israel’s disregard for universal
periodic review recommendations.
66. Albania applauded Israel for its dedication to gender-based equality and asked about
its experience in combating human trafficking.
A/HRC/38/15
7
67. Algeria deplored the refusal of Israel to recognize the applicability of its
international obligations with respect to the Occupied Palestinian Territory.
68. Angola encouraged Israel to continue to promote the economic, social and cultural
rights of all peoples without discrimination.
69. Argentina welcomed the delegation.
70. Australia encouraged Israel to implement fully the Equal Rights of Persons with
Disabilities Bill.
71. Austria underscored that any detention of children must be a measure of last resort
and for the shortest period of time.
72. Bahrain was concerned about the deteriorating human rights situation in the
occupied territories and strongly condemned settlement expansion.
73. Belgium expressed concern about lack of progress on issues such as the increase of
restrictions on civil society organizations.
74. The Plurinational State of Bolivia welcomed the delegation.
75. Botswana highlighted lack of cooperation by Israel with several United Nations
human rights mechanisms.
76. Brazil encouraged expanded cooperation with special procedures by extending a
standing invitation.
77. Bulgaria highlighted Israel’s engagement with the Human Rights Council. It noted
Israel’s resolve to address gender-based violence.
78. Canada recognized Israel’s security challenges. It welcomed measures adopted to
promote the equality of lesbian, gay, bisexual, transgender and intersex persons.
79. The Commissioner for Equal Rights of Persons with Disabilities, Avremi Torem,
addressed remarks made by the Republic of Korea, Singapore and Slovakia and noted that
the Commission for Equal Rights of Persons with Disabilities was an independent body
within the Ministry of Justice, established in the year 2000 and responsible for enhancing
equality, fighting discrimination and eliminating accessibility barriers.
80. The Commissioner noted Israel’s accessibility legislation, which applied to both
private and public buildings and services, and highlighted new regulations on accessibility
to education.
81. The Commissioner described the close work with the Ministry of Education on its
policies regarding inclusive education. Similarly, the Commission worked with the
Ministry of Health, conducting on-site visits to monitor the situation of persons with
disabilities in psychiatric hospitals and housing facilities. The Commissioner also noted a
change in the policy regarding the use of restraints in psychiatric hospitals.
82. In response to questions raised by Montenegro and the Republic of Korea, the
Commissioner stated that in 2016, the Knesset had amended the Equal Rights Law,
mandating an appropriate representation of 5 per cent of persons with disabilities in the
workplace. The Commission — which held enforcement powers — filed civil and criminal
suits, aided people in realizing their rights, and worked to eliminate barriers to employment
and raise public awareness.
83. The National Anti-Trafficking Coordinator, Dina Dominitz, described her role
coordinating both between government agencies, and between those agencies and NGOs, to
combat trafficking in persons.
84. Addressing a remark made by Albania about combating trafficking in persons, the
Coordinator said that Israel had made outstanding achievements in that field in recent years,
owing to the Government’s determined and consistent actions in the fields of prevention,
protection and prosecution, as well as to constant efforts to forge new partnerships with the
business sector, the tourism industry, religious leaders and civil society. She outlined
several groundbreaking judicial decisions underscoring the Government’s commitment to
eradicating trafficking in persons.
A/HRC/38/15
8
85. Highlighting efforts to combat trafficking in persons and rehabilitate the victims,
and with reference to questions and remarks raised by Nepal, Paraguay and the United
Kingdom, the Coordinator described various initiatives, including State-funded shelters and
day centres for victims of trafficking in persons, the granting of work visas to victims, and
the provision of medical, psychiatric and psychological care, as well as of State-funded
legal aid. She also described the establishment of a special forfeiture fund dedicated to
combating trafficking, the training of government officials, and the entry into bilateral
agreements regarding foreign workers to eliminate exorbitant and illegal brokerage fees and
protect workers when in Israel.
86. The Director of the Authority for the Advancement of the Status of Women, Eva
Madjiboj, responding to questions and remarks raised by Rwanda, Singapore, Thailand and
Angola, relayed developments in combating sexual harassment, including: the
criminalization as a sexual harassment offence of the publication against one’s will of
media content, including photographs, videos and recordings, focusing on a person’s
sexuality; the establishment of a committee to develop a national programme to eradicate
sexual harassment; and the campaign to promote tolerance towards the lesbian, gay,
bisexual, transgender and intersex community.
87. The Director reviewed the Authority’s various initiatives, which included requiring
gender-mainstreamed budgeting in all government ministries, examining legislative bills
from a gender perspective, and a three-year training programme for female advisers on
gender equality in local authorities, and in particular in Arab localities. Furthermore, the
Authority conducted seminars for school advisers and promoted special programmes for the
integration of girls in technological and mathematical studies.
88. Referring to questions raised by Poland and Romania, the Director stated that the
Authority was formulating a national programme for combating violence against women,
and was advancing the recognition of economic violence as an act of domestic violence,
and as a civil wrong.
89. Chile welcomed advances on women’s rights and encouraged Israel to withdraw its
reservations to the Convention on the Elimination of All Forms of Discrimination against
Women.
90. China called on the international community to continue to support a two-State
approach and to support the relaunching of negotiations with a view to a lasting and just
resolution.
91. Costa Rica acknowledged progress on gender equality. It was concerned about
discrimination and restrictions suffered by the Palestinians.
92. Cuba recalled previous recommendations that it had made and that had not been
accepted by Israel on issues including the Gaza blockade and illegal settlements.
93. Czechia praised the conducive living environment for some minority groups, such as
lesbian, gay, bisexual, transgender and intersex persons.
94. Denmark commended Israel on its vibrant democratic debate, but was concerned
with the shrinking space for human rights defenders.
95. Ecuador noted that despite progress on certain topics, such as the ratification of the
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired, or Otherwise Print Disabled, worrying problems persisted.
96. Egypt expressed deep concern over racist practices against non-Jewish citizens,
especially Arabs and those of African descent.
97. Finland encouraged further steps in efforts by Israel to improve its policy and
institutional framework for the elimination of discrimination against women.
98. France welcomed the readiness of Israel to pursue a dialogue through the universal
periodic review and hoped that it would cooperate with all human rights mechanisms.
99. Georgia hoped that Israel would further mainstream the rights of persons with
disabilities and encouraged the Government to enhance efforts to empower women.
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100. Germany commended progress on lesbian, gay, bisexual, transgender and intersex
rights while remaining concerned about the human rights situation, especially in the
occupied Palestinian territories.
101. Ghana lauded progress since the previous review cycle in promoting women’s
rights, and welcomed new legislation to narrow gender-based wage discrepancies.
102. Greece hailed the introduction of round tables on core human rights issues and
welcomed programmes to benefit minorities.
103. Honduras welcomed measures taken to implement the recommendations received in
the previous review.
104. Iceland echoed the observations of the International Court of Justice that Israel was
bound to human rights obligations with respect to the local population.
105. India appreciated efforts to empower minorities and noted the progress on the rights
of children in the areas of education and health.
106. Indonesia stated that Israel should end practices contrary to its international
obligations and improve the lives of the population in East Jerusalem.
107. The Islamic Republic of Iran noted that the situation in the Occupied Palestinian
Territory continued to deteriorate due to a wide range of crimes committed including the
destruction of civilian property in the Gaza Strip, punitive home demolitions, and the
systematic expansion of illegal settlements. It stated that inaction should not be allowed
regarding the systematic human rights violations by the Israeli regime that jeopardizes
credibility of human rights apparatus including the universal periodic review mechanism.
108. Israel made a point of order. It objected to the fact that the Islamic Republic of Iran
with its dismal human rights record pretended to give Israel lessons on human rights. It
requested that the Islamic Republic of Iran respect the rules governing the discussion
including making proper reference to the State under review.
109. The Islamic Republic of Iran replied that this was the review of the Israeli regime
and that its representatives should not refer to my country.
110. The President reiterated his previous ruling calling on all speakers to respect each
other’s views and uphold United Nations terminology.
111. Iraq noted that since its occupation of the Arab territories, Israel continued to violate
the rights of the Palestinian people.
112. Ireland was concerned about the extensive use by Israel of administrative detention
without formal charge and the expansion of illegal settlements.
113. Italy welcomed measures adopted to promote lesbian, gay, bisexual and transgender
rights, as well as the promotion of disability rights.
114. Japan welcomed ratification of human rights treaties and efforts to protect women’s
rights. It deplored the continuation of settlement activities.
115. Latvia acknowledged measures taken by Israel to protect human rights.
116. In her final intervention, the Director General responded to the following issues:
reforms introduced by an interministerial team regarding the juvenile justice system in the
West Bank, including establishing a Juvenile Military Court; training for military youth
judges; raising the age of majority to 18; introducing a special statute of limitation for
minors; improving the notification to the minor and his or her family of his or her rights;
authorizing the military courts to appoint a defence attorney to represent a minor if his or
her benefit so requires; further separation between minors and adults throughout the
criminal process; aspects of freedom of expression in Israel and human rights defenders,
and the lack of restrictions on organizations to promote and uphold human rights; the recent
Disclosure Requirement Law, underlining its objective to enhance transparency while
maintaining the ability of NGOs to raise funds; recent government resolutions providing
substantial budgets to strengthen Arab and Bedouin communities and enable their economic
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10
integration; the prosecution of ideologically motivated offences in the West Bank; and the
commitment of law enforcement and judicial authorities to combat all forms of violence.
117. In her closing remarks, the Ambassador stressed the absolute freedom of worship
afforded to all religions, in particular in Jerusalem, and in all of Israel. She also clarified
that there was no land blockade on the Gaza Strip, and that all civilian goods were allowed
into that area. At sea, a naval blockade remained in effect, the legality of which had been
upheld by the special Panel of Inquiry of the Secretary-General of the United Nations.
II. Conclusions and/or recommendations
118. The following recommendations will be examined by Israel, which will provide
responses in due time, but no later than the thirty-eighth session of the Human Rights
Council.
118.1 Become a party to the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families
(Albania);
118.2 Accede to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Plurinational
State of Bolivia);
118.3 Take steps to ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Ghana);
118.4 Ratify and accede to the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families and the International Convention for the Protection of All Persons
from Enforced Disappearance (Sierra Leone);
118.5 Ratify the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Timor-Leste)
(Honduras);
118.6 Ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Portugal) (Ukraine) (Bolivarian
Republic of Venezuela) (France) (Honduras);
118.7 Ratify the Optional Protocol to the International Covenant on
Civil and Political Rights (France);
118.8 Ratify the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Spain) (France) (Portugal) (Bolivarian Republic of Venezuela);
118.9 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Montenegro);
118.10 Consider ratifying the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Ghana);
118.11 Ratify the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (Poland)
(Denmark) (Madagascar) (France) (Portugal) (Bolivarian Republic of
Venezuela);
118.12 Accede to the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and establish the national preventive mechanism accordingly (Czechia);
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118.13 Ratify the Optional Protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and
subsequently establish a national preventive mechanism (Ukraine);
118.14 Accede to the optional protocols to the human rights conventions
to which Israel was a party (Plurinational State of Bolivia);
118.15 Ratify the seven optional protocols to the conventions to which is a
party (Honduras);
118.16 Ratify the Rome Statute of the International Criminal Court
(Timor-Leste) (Montenegro) (France) (Honduras);
118.17 Ratify the Rome Statute of the International Criminal Court and
fully align its legislation with all obligations under the Rome Statute (Latvia);
118.18 Consider acceding to Additional Protocols I and II to the Geneva
Conventions of 12 August 1949 (Uruguay);
118.19 Remove reservations to article 16 of the Convention on the
Elimination of All Forms of Discrimination against Women relating to equality
in all matters relating to marriage and family relations (Ghana);
118.20 Withdraw its reservations to articles 16 and 7 (b) of the
Convention on the Elimination of All Forms of Discrimination against Women
(Honduras);
118.21 Remove the reservations to articles 7 (b) and 16 of the Convention
on the Elimination of All Forms of Discrimination against Women (Latvia);
118.22 Comply with its international obligations, especially the Fourth
Geneva Convention, and abide by all United Nations human rights resolutions
(Bolivarian Republic of Venezuela);
118.23 Consider issuing a standing invitation to the special procedures of
the Human Rights Council (Timor-Leste);
118.24 Consider issuing a standing invitation to the special procedures of
the Human Rights Council (Albania);
118.25 Extend a standing invitation to the special procedures of the
Human Rights Council (Plurinational State of Bolivia) (Honduras);
118.26 Issue a standing invitation to the thematic special procedures of
the United Nations Human Rights Council. Allow visits that representatives of
the special procedures of the Human Rights Council requested without delay
(Czechia);
118.27 Issue a standing invitation to the special procedures of the Human
Rights Council (Portugal);
118.28 Respond positively to pending visit requests by the special
procedures mandate holders of the Human Rights Council and consider the
extension of a standing invitation to all special procedures mandate holders
(Latvia);
118.29 Invite the Special Rapporteur on the situation of human rights
defenders for a visit as soon as possible and without preconditions
(Switzerland);
118.30 Renew its commitment to cooperation with human rights
mechanisms through granting of access to mandate holders and human rights
defenders (Botswana);
118.31 Strengthen its constructive engagement with the universal
periodic review mechanism and take concrete effort to implement its accepted
universal periodic review recommendations (Myanmar);
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118.32 Ensure the international principles of human rights by including
them in the Basic Law and legislation (Republic of Korea);
118.33 Ensure that Israel’s domestic policies are fully compatible with its
international commitments under relevant treaties (Ukraine);
118.34 Increase efforts to ensure implementation of the recommendations
of the human rights treaty bodies on equality and non-discrimination
(Bulgaria);
118.35 Engage in a dialogue for peace and respect for all internationally
recognized human rights (Angola);
118.36 Consider establishing a national human rights institution that is in
line with the Paris Principles (Thailand);
118.37 Establish a national human rights institution in compliance with
the Paris Principles (Togo) (Uruguay) (Honduras);
118.38 Establish an independent national human rights institution in
compliance with the Paris Principles (Poland);
118.39 Establish a national human rights institution in full compliance
with the Paris Principles (Nepal);
118.40 Establish a national human rights institution in line with the Paris
Principles (Ukraine);
118.41 Establish an independent national human rights institution which
is in line with the Paris Principles (Sierra Leone);
118.42 Establish a national human rights institution which is in
compliance with the Paris Principles (Republic of Korea);
118.43 Establish an independent national institution in full compliance
with the Paris Principles (Timor-Leste);
118.44 Establish a national human rights institution with an “A” status in
line with the Paris Principles (Portugal);
118.45 Carry out efforts to comply with the Paris Principles (Paraguay);
118.46 Enhance efforts to establish an independent national human
rights institution in accordance with the Paris Principles (Rwanda);
118.47 Ensure equal treatment for all persons within its territory and
subject to its jurisdiction, regardless of their national or ethnic origin
(Romania);
118.48 Ensure the equal rights of all citizens in Israel regardless of origin
or religion, grant them equal access to work, education and other social and
economic rights, as well as participation in the political processes (Russian
Federation);
118.49 Continue efforts to promote equal rights and access to justice,
education, energy and health services for all people in Israel (Angola);
118.50 Assess taking the necessary measures to guarantee equal
treatment to all persons subject to its jurisdiction (Argentina);
118.51 Take measures to ensure an equal and non-discriminatory
institutional approach toward all communities in Israel, particularly Israeli-
Arabs and African asylum seekers (Canada);
118.52 Combat all forms of discrimination against women, children and
minorities, also improving social and economic conditions of the minorities
(Italy);
118.53 Revise legislation that protects from direct and indirect
discrimination of national and religious minorities (Russian Federation);
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118.54 Incorporate explicitly in its legislation the principle of equality
and non-discrimination (Plurinational State of Bolivia);
118.55 Explicitly incorporate the principle of equality and nondiscrimination
into its basic laws, in order to ensure equal treatment for all
persons within its territory, especially by not introducing any legislation which
might fuel ethnic or religious discrimination (Brazil);
118.56 Incorporate explicitly the principle of equality and nondiscrimination
into its Basic Law (Honduras);
118.57 Consider incorporating explicitly the principles of equality,
gender equality, and non-discrimination in its Basic Laws for all citizens
(Thailand);
118.58 Step up efforts to fight inequality and discrimination between
Jewish and Arab citizens (Portugal);
118.59 Abolish all measures, laws and other types of rules that validate
racial discrimination and racism (Cuba);
118.60 Take immediate measures to end racist practices and policies that
discriminate on the basis of colour, religion or belief (Egypt);
118.61 End all measures aimed at “Judaization” of the city of Jerusalem
and changes to its political and demographic nature (Qatar);
118.62 Work for the better integration of new Jewish immigrants from
other countries into Israeli society and to continue with their efforts to counter
racial discrimination (India);
118.63 Intensify its efforts to address racism against Africans in Israel
(South Africa);
118.64 Continue to strengthen measures to combat violence and
discrimination against lesbian, gay, bisexual, transgender and intersex persons
(Chile);
118.65 Continue its efforts to safeguard lesbian, gay, bisexual,
transgender and intersex rights, following notable legislative and
administrative developments (Greece);
118.66 Set up robust legislative measures aiming to prevent and punish
excessive use of force, in line with international standards (Madagascar);
118.67 Ensure the State security forces make proportional use of force in
all circumstances, including, among others, by ensuring that the rules of
engagement or regulations on opening fire are fully consistent with
international human rights law; and ensure that all alleged perpetrators of
disproportionate use of force are brought to justice (Spain);
118.68 Keep on implementing the moratorium on capital punishment
(Italy);
118.69 Consider abolishing the death penalty (Chile) (Mozambique);
118.70 Abolish capital punishment in all circumstances (Mexico);
118.71 Fully respect human rights in the fight against terrorism, and
refrain from introducing a bill that would allow the application of a death
penalty (Iceland);
118.72 Refrain from the practice of arbitrary detentions and prevent
cases of the use of torture in places of deprivation of liberty (Russian
Federation);
118.73 End practices of collective punishment such as the demolition of
homes, revocation of residency permits in East Jerusalem, and the closure of
entire areas (Germany);
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118.74 Fully translate the Convention against Torture into national
legislation and implement the Committee’s recommendations (Austria);
118.75 Ensure full respect for international human rights obligations, in
particular those specified in article 9 of the International Covenant on Civil and
Political Rights, towards all prisoners, and that the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment definition of torture be incorporated into Israeli legislation
(Ireland);
118.76 Ensure that the bill currently being drafted to criminalize torture
is in full conformity with article 1 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (Togo);
118.77 Make progress in domesticating the provisions of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, including issues such as the exclusion of the necessity exception as
a possible justification for torture; and ending situations of administrative
detention (Spain);
118.78 Review relevant legislation and policy to ensure that all cases of
administrative detention are in conformity with human rights law and
standards (Czechia);
118.79 Ensure that administrative detention is in conformity with Israel’s
international commitments; that it remains an exceptional measure of limited
duration; and that it is conducted in respect for fundamental safeguards
(France);
118.80 Limit the application of administrative detention to clearly
defined and exceptional cases, in accordance with international law; and
refrain completely from holding minors in administrative detention
(Germany);
118.81 Ensure that an excessive use of administrative detention is
avoided (Italy);
118.82 Stop the practice of arbitrary administrative detention, release
detainees and captives in Israeli prisons, especially children and women
(Qatar);
118.83 Ensure that the use of administrative detention is limited to
temporary and exceptional cases, and that international law, including human
rights law, is fully respected, in particular regarding children held in
administrative detention (Sweden);
118.84 Ensure that the detention of civilians, especially children, is
carried out in accordance with international law and standards and without
discrimination, including by ensuring the right to prompt and meaningful
access to a lawyer prior to and during interrogations (Finland);
118.85 In accordance with the principle of accountability, Israeli
authorities must ensure prompt, thorough, independent and impartial
investigations into allegations of intentional use of lethal or excessive force
(Malaysia);
118.86 Guarantee the freedom and access to the religious sites (Jordan);
118.87 Ensure equal rights for all citizens, in full compliance with the
principle of citizenship and respect for freedom of religion and belief for all
(Egypt);
118.88 Ensure free access to religious sites and promote freedom of
worship without prejudice to any religion (Mexico);
118.89 End violations and attacks on places of worship and holy sites
(Iraq);
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118.90 Strengthen efforts to guarantee freedom of religion or belief and
adopt measures to prevent and combat attacks towards holy sites and symbols
(Italy);
118.91 Guarantee the protection of the rights and the work of human
rights defenders (Paraguay);
118.92 Take the necessary measures to guarantee the work of
international human rights defenders (Argentina);
118.93 Ensure free functioning of human rights organizations and ensure
their access to information (Russian Federation);
118.94 Ensure that civil society organizations are able to carry out their
work in a secure and free environment, without undue restrictions and
intimidations (Sweden);
118.95 Step up efforts to fully protect and promote an enabling and safe
environment conducive to the work of all independent human rights
organizations (Netherlands);
118.96 Take steps to provide the necessary and equal protection for all
human rights defenders, as well as create the necessary circumstances for them
to be able to carry out their activities freely, without discrimination and in a
secure environment (Belgium);
118.97 Protect the ability of civil society organizations to operate freely in
Israel, particularly human rights groups and international non-governmental
organizations (Canada);
118.98 Take the necessary measures to ensure that human rights
defenders and civil society actors can carry out their legitimate work in a safe
environment without threats and harassment (Denmark);
118.99 Guarantee freedom of speech and association, and ensure that
civil society organizations, which have been integral parts of Israel’s vibrant
and functioning democracy, continue to have the space in which to operate
(Finland);
118.100 Continue ensuring that human rights defenders are able to
accomplish their legitimate work in a secure and free environment (Greece);
118.101 Take steps to ensure constraints on freedom of movement do not
restrict people’s basic rights, including access to health care and education
(Australia);
118.102 Sustain its efforts to protect and to promote the rights of minority
women through dedicated policies, taking into account their unique cultural
and economic conditions (Singapore);
118.103 Continue the efforts aimed at eliminating trafficking in persons
domestically, as well as to continue to make its contribution to the global effort
to combat this scourge at international level (Romania);
118.104 Step up efforts in terms of advancing women’s rights inclusive to
combat trafficking of and violence against women (Indonesia);
118.105 Continue to work to reduce discrimination against women
(Portugal);
118.106 Continue their laudable efforts in promoting gender-based
equality, including women’s participation in public and private life and
combating gender-based violence (Greece);
118.107 Continue to take steps in order to ensure full equality between
women and men and to combat all forms of discrimination against women, in
particular domestic violence (Romania);
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118.108 Continue with the implementation of measures aimed at a broad
national strategy focused on equality between men and women, that would
allow continuing narrowing the gender gap for any reason (Paraguay);
118.109 Take further steps to encourage women’s participation in the
public sphere (Bulgaria);
118.110 Continue to promote the protection and mainstreaming of gender
in all public and private activities (Angola);
118.111 Incorporate in legislation the principle of gender equality and
non-discrimination in the public and private spheres (Plurinational State of
Bolivia);
118.112 Take necessary steps towards harmonizing its religious laws
governing marriage and divorce with the provisions of the Convention on the
Elimination of All Forms of Discrimination against Women and amend its
legislation to allow for civil marriages without discrimination on the ground of
religion or belief (Slovakia);
118.113 Continue its efforts to combat domestic and gender-based violence
against women (Nepal);
118.114 Continue to tackle the problem of gender-based violence in a
vigorous manner (Georgia);
118.115 Take note of the reports of pervasive and serious domestic and
sexual violence against women, by the Special Rapporteur on violence against
women, and redouble its efforts to address this issue (Japan);
118.116 Strengthen measures to combat gender-based violence, including
through the implementation of relevant laws to ensure justice for victims
(Rwanda);
118.117 In compliance with the Convention on the Rights of the Child,
apply the definition of the child to all persons under 18 years of age and ensure
that this is the minimum age for military recruitment (Uruguay);1
118.118 Continue efforts aimed at strengthening policies to protect
children’s rights (Georgia);
118.119 Take more effective measure to promote children’s rights, in close
cooperation with the international community (Myanmar);
118.120 Ensure that all children, whether born to migrants, asylum
seekers or refugees living within its territory, have access to birth registration
(Sierra Leone);
118.121 Take the necessary measures to ensure that all children in its
territory, including migrant, asylum seeker and refugee children, are issued a
birth certificate (Togo);
118.122 Continue with action to include forced labour of children in the
Criminal Code, explicitly criminalizing it (Paraguay);
118.123 Ensure that reforms in the juvenile justice system that provide
safeguards for children are implemented (Sierra Leone);
118.124 That the detention of and judicial proceedings against children
fully respect international juvenile justice standards, and in particular the
Convention on the Rights of the Child (Austria);
1 The recommendation, as read out during the interactive dialogue, was: “Adopt the necessary
measures to oversee the application of the Convention on the Rights of the Child in the occupied Arab
territories and, in compliance with that convention, apply the definition of the child to all persons
under 18 years of age and ensure that this is the minimum age for military recruitment.”
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118.125 Desist from abusing human rights defenders and cease the
arbitrary detention of children (South Africa);
118.126 Increase the budget of its public awareness campaigns aimed at
promoting the rights of persons with disabilities and the accessibility
requirements of public places, so as to better integrate them into society
(Singapore);
118.127 Promote reconciliation between ethnic groups, and implement
further measures to promote and protect the human rights and social
participation of minorities, including citizens of Arab origin, in order to ensure
and strengthen their access to housing, education, and social infrastructure
(Japan);
118.128 Intensify efforts to advance the rights of its Arab minority
populations (Norway);
118.129 Ensure that civil, economic, social and cultural rights of
minorities are respected and protected, without discrimination, in particular
with regard to the right to work, education, access to justice and legal
protection as well as property (Belgium);
118.130 Enhance its efforts to counter discrimination of persons belonging
to the Arab, Bedouin, Druze and Circassian communities, as well as persons
belonging to other religious and ethnic minorities (Austria);
118.131 Ensure non-discrimination and respect for the rights of persons
belonging, in particular, to the Israeli Arab and Bedouin minorities, including
in access to land, employment, housing and places of worship (France);
118.132 Legally recognize unrecognized Bedouin villages in the Negev and
improve the access of all Bedouin citizens to basic services, including adequate
housing, water and sanitation, health care and education (Slovenia);
118.133 Support programmes designed to benefit Israel’s minorities, with
adequate resources, and make every effort towards their full implementation
(Slovakia);
118.134 Continue with implementation of measures for the development of
minorities (India);
118.135 Ensure access for asylum seekers in Israel to a fair and prompt
refugee status determination process (Slovenia);
118.136 Instil a transparent, human rights-based approach related to the
treatment of asylum seekers, including the cessation of forcible transfers to
third countries (Turkey);
118.137 Ensure migrants, refugees, asylum seekers and displaced persons
have access to a fair and expeditious refugee status determination process
(Algeria);
118.138 Guarantee that the principle of non-refoulement, established in
the 1951 Convention relating to the Status of Refugees and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, is applied to all asylum seekers in Israel (Ecuador);
118.139 Respect the rights of refugees as enshrined in the Geneva Refugee
Convention; and refrain from implementing the policy of forcible relocation to
third countries without ensuring that relocation agreements include protection
safeguards and that the overall legal framework is known by those who may
volunteer for relocation (Germany);
118.140 Strengthen measures in implementing its obligations under
international human rights bodies including the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social
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and Cultural Rights to protect and promote human rights in the occupied
territories (Republic of Korea);
118.141 Ensure respect for international obligations under international
human rights law and international humanitarian law throughout all the
Occupied Palestinian Territories (Egypt);
118.142 Commit to the implementation of the human rights treaties and
international humanitarian law in the occupied Palestinian territories (Qatar);
118.143 Heed the calls for Israel to recognize and accept the applicability,
to the OPT, of its international obligations, deriving from international treaties
it is party to (Namibia);
118.144 Comply with the provisions of the four Geneva Conventions,
paving the way to end the occupation of the Palestinian territories and other
Arab occupied territories (United Arab Emirates);
118.145 Abide by its international obligations, including under the Fourth
Geneva Convention, on the treatment of a civilian population under military
occupation, as previously recommended (Ireland);
118.146 As regards the occupied Palestinian territories, take measures in
order to abide by international law, especially the fourth Geneva Convention
and relevant United Nations General Assembly and Security Council
resolutions (Brazil);
118.147 Take all necessary measures to ensure that it fulfils all its
obligations under international human rights instruments, particularly the
International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights with regard to the
situation in Gaza (Iceland);
118.148 End all unilateral measures that compromise the peace which is in
the regional and international interest, and that pose a threat to international
peace and security, especially abolish the decision by the Knesset on the unified
Jerusalem; abolish the decision by the governing party on settlements
annexation and on the imposition of sovereignty over the West Bank (Jordan);
118.149 Cooperate with the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967 (Mexico);
118.150 Cooperate with the commissions of inquiry, treaty bodies, special
procedures and other United Nations bodies in the investigation of violations of
international humanitarian law and international human rights law in the
Occupied Palestinian Territory (Plurinational State of Bolivia);
118.151 Fully implement all international organizations’ and conferences’
resolutions regarding all rights of the Palestinian people (Iraq);
118.152 Eliminate laws and practices that discriminate against
Palestinians in Israel and in the occupied territories; particularly eliminating
road segregation for the exclusive use of the Israeli population, settlements,
restrictions on freedom of movement, checkpoints and separation walls
(Ecuador);
118.153 Halt the activity of companies conducting business in illegal
Israeli settlements in the occupied West Bank (Bahrain);
118.154 Effectively prevent and sanction incidents of the use of excessive
force and unlawful killings by security personnel against Palestinians,
especially by aligning relevant legislation with international human rights law
(Turkey);
118.155 Prevent the excessive use of force by the Israeli military and
security forces, particularly against minors (Costa Rica);
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118.156 Ensure the existence and operation of an effective accountability
system to address possible violations of international humanitarian law and
human rights in the Occupied Palestinian Territories, among other means,
facilitating the effective access to justice for victims and guaranteeing the
effective investigation of complaints, as well as the lawful work of human rights
defenders (Spain);
118.157 Put an end to the extrajudicial executions of Palestinians and the
criminal military attacks that have caused the death of thousands of innocents
and punish those responsible, unpunished until now (Bolivarian Republic of
Venezuela);
118.158 Put an end to the gross violations of human rights in the Occupied
Palestinian Territory, in all its forms, as well as extrajudicial executions of
Palestinians, which have been on the increase since 2015, under the pretext of
security (Algeria);
118.159 Stop the policies of killing, administrative detention and enforced
disappearances against the Palestinians under the pretext of “security reasons”
(United Arab Emirates);
118.160 Eliminate practices of torture and ill-treatment against
Palestinian detainees, particularly children, including during arrests, transfers
and interrogation (Turkey);
118.161 Discontinue the collective punishment of Palestinians (Namibia);
118.162 End the illegal detention of Palestinians without charges or legal
proceedings; the tortures to which they are subjected, the inhumane conditions
of solitary confinement, overcrowding, lack of hygiene and basic services; and
the denial of medical attention in its prisons (Bolivarian Republic of
Venezuela);
118.163 Consider improving prison conditions, including those where
Palestinians inmates are held (Mozambique);
118.164 Minimize the use of administrative detention against Palestinians,
especially minors, and in compliance with international human rights
standards (Norway);
118.165 Take all necessary steps to align the use of administrative
detention with international human rights standards and obligations; in
particular, take the necessary measures to ensure that Palestinian children are
not exposed to arbitrary arrest and detention and enjoy full procedural rights
in conformity with international human rights standards (Belgium);
118.166 Continue its efforts to reform its security and judicial practices
with regard to Palestinians (Australia);
118.167 Combat impunity through in-depth, impartial investigations of all
allegations of human rights violations, including those involving members of
security forces or settlers (France);
118.168 Guarantee the protection of the religious and cultural heritage of
the occupied Palestinian territories; in particular, respect the historical and
legal status quo that exists in the holy Al Aqsa Mosque/Al Haram Ash-Sharif
(Jordan);
118.169 Effectively intervene to stop all violations of Islamic and Christian
holy sites, which are under the de facto control of the Israeli Government
(Egypt);
118.170 Maintain an enabling environment for the work of NGOs and
journalists, and lift the prohibition on Israeli journalists visiting the Palestinian
territories (France);
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118.171 Ensure that Israeli and Palestinian civil society actors, including
human rights defenders, can exercise their freedom of speech and carry out
their work unhindered (Norway);
118.172 Take steps to ensure the right to freedom of movement for
Palestinians (Iceland);
118.173 Repeal without delay all restrictions on the freedom of movement
and access within the Occupied Palestinian Territories, in order to ensure full
enjoyment of fundamental rights by residents, as well as an adequate standard
of living (Turkey);
118.174 Remove restrictions on the freedom of movement of residents of
the Occupied Palestinian Territory and facilitate access to necessary medical
services and resources (Maldives);
118.175 Respect the rights of Palestinians to freedom of movement in the
Occupied Palestinian Territory, including access to religious sites such as the Al
Aqsa Mosque; and through the lifting of the blockade on the Gaza Strip
(Malaysia);
118.176 Reduce restrictions on freedom of movement to allow for better
access to health services for Palestinians, particularly those residing in Gaza
(Canada);
118.177 Reverse policies and practices that negatively affect the enjoyment
of human rights by Palestinians both in Israel and in the OPT, including the
blockade on Gaza, demolition of houses, destruction of property and natural
resources, illegal settlements on Palestinian lands and many others (Namibia);
118.178 Taking immediate action to cease the policy of demolitions of
Palestinian properties and buildings, and provide a clearly defined and
transparent process for the construction of properties and buildings for
Palestinians in Area C of the West Bank and in East Jerusalem, in the
Occupied Palestinian Territories (United Kingdom of Great Britain and
Northern Ireland);
118.179 Review the housing policy and refrain from carrying out evictions
and demolitions, taking into account the human rights of Palestinians
(Ecuador);
118.180 Allow the people in the Occupied Palestinian Territory
unimpeded access to water, food and medical care (South Africa);
118.181 Halt the confiscation and expropriation of Palestinian lands and
grant access to the Palestinians in the occupied Palestinian territory to natural
resources, including agricultural land and water (Plurinational State of
Bolivia);
118.182 Stop exploiting and plundering Palestinian natural resources in
violation of the relevant United Nations resolutions (United Arab Emirates);
118.183 Respect the right of Palestinians to have access to their natural
resources and to exploit them freely; and guarantee access to all basic services,
especially drinking water (Bolivarian Republic of Venezuela);
118.184 Ensure the end of Palestinian groundwater confiscation and other
water resource allocation within illegal settlements (Bahrain);
118.185 Lift the excessive blockade on the Gaza Strip, and guarantee
access to people and products without in or out impediments (Qatar);
118.186 End the closure of the Gaza Strip, guarantee freedom of
movement to the entire population, as well as respect and protect their human
rights, in particular by guaranteeing access to goods and services essential to
their realization (Switzerland);
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118.187 Permanently lift the blockade on the Gaza Strip, to allow for the
import and export of fuel, food, building materials and other essential goods
(Bahrain);
118.188 Consult on possibilities to broaden access to a safe passage
between Gaza and the West Bank (Austria);
118.189 Assist in the reconstruction of the Gaza Strip and allow the access
of humanitarian aid (Mexico);
118.190 Allow unfettered access for international assistance to improve the
humanitarian situation of the Palestinian people in Gaza (Indonesia);
118.191 Take necessary measures to prevent forced eviction of the
Palestinian people (Indonesia);
118.192 Consider the adoption of a strategy to guarantee the protection of
women’s rights in Gaza (Chile);
118.193 Implement measures to guarantee and protect the rights of
Palestinian children in areas relating to education, criminal procedure, poverty
and security (Chile);
118.194 Adopt the necessary measures to oversee the application of the
Convention on the Rights of the Child in the occupied Arab territories
(Uruguay);2
118.195 Ensure that the treatment of Palestinian children in Israeli
detention is fully in line with Israel’s commitments under international law
(Netherlands);
118.196 Taking action to protect child detainees, ensuring the mandatory
use of audiovisual recording in interrogations with all child detainees, ending
the use of painful restraints, and consistently and fully informing detainees of
their legal rights (United Kingdom of Great Britain and Northern Ireland);
118.197 Strengthen protections for Palestinian children by halting military
proceedings against them and applying fully the Fourth Geneva Convention to
this vulnerable group (Maldives);
118.198 Ensure that all Palestinian children detained are held in the
occupied Palestinian territory, and not in Israel (Denmark);
118.199 Ensure the implementation of international standards as well as
recommendations by the United Nations Children’s Fund (UNICEF) related to
Palestinian minors in Israeli detention and prisons (Slovenia);
118.200 Undertake judicial reforms to ensure equal protection and
treatment before the law, and that children are not exposed to arbitrary arrest
and detention (Botswana);
118.201 Prohibit the arrest or arbitrary detention of children and the use
of human shields in Israeli Army operations, in addition to extrajudicial
executions using drones (Ecuador);
118.202 Take urgent measures to promote and protect rights of
Palestinian people (Russian Federation);
118.203 End the practice of occupation and withdraw from all areas
occupied since 1967 and allow for the establishment of an independent
Palestinian State with East Jerusalem as its capital (Jordan);
2 The recommendation, as read out during the interactive dialogue, was: “Adopt the necessary
measures to oversee the application of the Convention on the Rights of the Child in the occupied Arab
territories and, in compliance with that convention, apply the definition of the child to all persons
under 18 years of age and ensure that this is the minimum age for military recruitment.”
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118.204 Put an end to the illegal occupation of its territory and that of the
Syrian Golan; to the inhuman blockade of Gaza and allow the return of the
refugees (Bolivarian Republic of Venezuela);
118.205 Recognize the right of the Palestinian people to self-determination
as part of a two-State solution, including East Jerusalem as capital of a
Palestinian State (South Africa);
118.206 Recognize the right to self-determination of the Palestinian people
and establish the independent Palestinian State with East Jerusalem as its
capital (Qatar);
118.207 Recognize the right of the Palestinian people to self-determination
and withdraw to the pre-1967 borders (United Arab Emirates);
118.208 Recognize and respect the inalienable right to self-determination
of Palestine as a sovereign and independent State, with East Jerusalem as its
capital (Bolivarian Republic of Venezuela);
118.209 The full withdrawal from all occupied Arab territories and the
return of the Palestinian population, which was displaced by military means, to
their homes and guarantee the practice of their legitimate rights (Iraq);
118.210 Implement United Nations Security Council resolution 2334
(2016) by immediately halting all settlement construction in the Occupied
Palestinian Territory (South Africa);
118.211 Immediately cease all efforts of settlement activities in the
occupied Arab territories (Jordan);
118.212 Suspend the construction of illegal settlements in the occupied
Palestinian and Arab territories and implement relevant international
resolutions, and dismantle the separation wall (Qatar);
118.213 Freeze settlement activities and refrain from all measures aimed
at extending its authority beyond the 1967 borders, in accordance with
international humanitarian law (Switzerland);
118.214 Abide, as the occupying power, by all obligations under
international law in the Occupied Palestinian Territories, including the
immediate cessation of illegal settlement activity (Turkey);
118.215 Immediately freeze its settlement activities, which undermine the
viability of a two-State solution and violate international law (Japan);
118.216 End illegal settlements construction of Jewish population and
transfer of Jewish population into the occupied Palestinian territory (Russian
Federation);
118.217 End the Israeli occupation of Palestinian and Arab territories
(Qatar);
118.218 End the illegal occupation of all occupied Palestinian and Arab
territories, including East Jerusalem, and end the destruction and demolition of
Palestinian private and public property (Malaysia);
118.219 Stop the settlement expansion policy as it constitutes a violation to
all rights of Palestinian people (United Arab Emirates);
118.220 Discontinue the occupation and expansion of illegal settlements
established in the West Bank and East Jerusalem which violate the basic rights
of the Palestinian people (Maldives);
118.221 End the Israeli illegal settlements in the Occupied Territories. End
the heinous practices of collective punishment against the Palestinian people,
including the use of blockades, closures and restrictions (Malaysia);
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118.222 Urgently cease discriminatory and unlawful planning process in
the West Bank and Jerusalem, with a view to repealing legislation confiscating
Palestinian lands (Turkey);
118.223 Immediately cease all settlement activities in the Occupied
Palestinian Territories, including East Jerusalem, and dismantle all settlements
affecting the status of the occupied territories under international legitimacy
(Egypt);
118.224 Stop the colonization of the Palestinian territory with illegal
settlements, and the destruction of their homes and cultural and religious
places (Bolivarian Republic of Venezuela);
118.225 Taking immediate action to reverse policy on settlement
expansion in the Occupied Palestinian Territories, which is illegal under
international humanitarian law (United Kingdom of Great Britain and
Northern Ireland);
118.226 Cease the transfer of its civilian population to the Occupied
Palestinian Territory and end all support for settlements and settlers in the
Occupied Palestinian Territory. Israel must dismantle settlements and
withdraw Israeli settlers from the Occupied Palestinian Territory, as
recommended by the Human Rights Committee in 2014 (Algeria);
118.227 End the unlawful transfer of the Palestinian population residing
in East Jerusalem in accordance with obligations under article 49 of the Fourth
Geneva Protocol (Malaysia);
118.228 End the unlawful transfer of the Palestinian population and fulfil
obligations under article 49 of the Fourth Geneva Convention (Bahrain);
118.229 Ensure that no forcible transfer of population is conducted in
Area C and take proactive measures to increase access to clean water,
electricity, education and health services for Palestinians in Area C (Sweden);
118.230 Dismantle the opprobrious separation wall that violates the
human rights of the Palestinian people (Bolivarian Republic of Venezuela);
118.231 Repeal the legislation passed in February 2017 by the Knesset that
legalized the confiscation of private Palestinian lands (Bahrain);
118.232 Repeal legislation allowing the confiscation and expropriation of
private property belonging to Palestinians, end the expansion of settlements,
ceasing all types of practices that discriminate between Israeli settlers and
Palestinians (Costa Rica).
119. The recommendations formulated during the interactive dialogue/listed below
have been examined by Israel and have been noted by Israel:
119.1 Stop targeting human rights defenders, including by repealing the
so-called “NGO Transparency” Law, the so-called “Anti-Boycott” Law, as well
as the March 2017 amendment to the so-called “Entry to Israel” Law (State of
Palestine);
119.2 Ensure that national asylum procedures are in line with the 1951
Convention relating to the Status of Refugees and its 1967 Optional Protocol, as
well as other international laws and standards relating to persons in need of
international protection (State of Palestine);
119.3 Recognize the right to return of the Palestinian refugees to live in
peace with their neighbours and their right to compensation for their destroyed
homes, properties and losses (State of Palestine);
119.4 End the policy of administrative detention and the use of torture
against Palestinians including children in Israeli military detention, and free all
Palestinian political prisoners including children (State of Palestine);
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119.5 End the illegal blockade of Gaza, investigate all allegations of war
crimes and crimes against humanity committed during its military aggressions
in Gaza and provide full reparation to the victims and their families (State of
Palestine);
119.6 Comply with international laws by immediately ending its 50
years of colonial occupation of the OPT and apartheid policies against the
Palestinian people (State of Palestine);
119.7 Halt immediately the colonization and attempted annexation of
Palestinian land, the construction and expansion of Israeli settlements and their
associated regime, the forcible transfer of Palestinians and the demolition of
Palestinian homes and structures (State of Palestine);
119.8 Dismantle the illegal wall and the related infrastructures located
inside the OPT and compensate Palestinians for all of the losses incurred due to
their presence (State of Palestine).
120. The recommendations listed in paragraphs 119.1–119.8 were noted as they have
been submitted by the “State of Palestine”. Israel considers that the use of the term
“State of Palestine” in United Nations documents to be procedural in nature only and
was adopted pursuant to a technical Palestinian request that its delegation be referred
to by this name, following the adoption of General Assembly resolution 67/19. It does
not and cannot indicate any recognition of statehood, and is without prejudice to the
substantive question of the legal status of the Palestinian entity. Israel further
considers that the Palestinian entity does not satisfy the criteria for statehood under
international law, and, like many other States, does not recognize it as such.
121. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
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25
Annex
Composition of the delegation
The delegation of Israel was headed by H.E. Ms. Aviva RAZ SHECHTER,
Ambassador Permanent Representative and composed of the following members:
• Ms. Emi Palmor, Director General of the Ministry of Justice. Ministry of Justice
Jerusalem, Alternate Head of Delegation;
• Ms. Eva Madjiboj, General Director, The Authority for the Advancement of the
Status of Women, Jerusalem;
• Advocate Mariam Kabaha, National Commissioner at Equal Employment
Opportunities Commission. Ministry of Labour, Social Affairs and Social Services,
Jerusalem;
• Mr. Avremi Torem, Commissioner for Equal Rights of Persons with Disabilities,
Ministry of Justice Jerusalem;
• Adv. Aweke Kobi Zena, National Anti-Racism Coordinator, Ministry of Justice,
Jerusalem;
• Adv. Dina Dominitz, National Anti-Trafficking in Persons Coordinator, Ministry of
Justice, Jerusalem;
• Advocate Hila Tene-Gilad, Director of Human Rights and Relations with
International Organizations, Office of the Deputy Attorney General (International
Law) Ministry of Justice, Jerusalem;
• Adv. Sarah Weiss Ma’udi, Director of the International Law Department, Ministry
of Foreign Affairs, Jerusalem;
• Adv. Ronen Gil-or, Director of Human Rights and International Organizations
Department, Ministry of Foreign Affairs, Jerusalem;
• Mr. Yoel Mester, Minister-Counsellor, Deputy Permanent Representative,
Permanent Mission of Israel, Geneva;
• Advocate Orit Kremer, Legal Adviser, Permanent Mission of Israel, Geneva;
• Advocate Brian Frenkel, Adviser Human Rights, Permanent Mission of Israel,
Geneva.
GE.18-08992(E)

Human Rights Council
Thirty-eighth session
Agenda item 6
Universal Periodic Review
Report of the Working Group on the Universal Periodic
Review*
Israel
Addendum
Views on conclusions and/or recommendations, voluntary commitments
and replies presented by the State under review
* The present document was not edited before being sent to the United Nations translation services.
United Nations A/HRC/38/15/Add.1
General Assembly Distr.: General
5 June 2018
Original: English
A/HRC/38/15/Add.1
2
I. Methodology and consultation process
1. The State of Israel remains committed to the Universal Periodic Review (UPR). As
noted by Ambassador Aviva Raz Shechter, Permanent Representative of Israel to the
United Nations Office in Geneva: "we believe that if implemented properly, the UPR can
be a useful instrument in promoting human rights worldwide". We are very grateful for the
opportunity to engage in a constructive dialogue, aimed at exploring ways to improve
Israel’s human rights record and to learn from the experience of other countries.
2. Accordingly, we have carefully reviewed the 240 recommendations received during
our third UPR cycle held on 23 January 2018, which were listed in the report of the
Working Group (A/HRC/38/15, para.118, hereinafter: the Working Group's Report).
3. Within the process of preparing Israel's National Report, submitted on 28 October
2013 (A/HRC/WG.6/17/ISR/1), we made great efforts to consider the views expressed by
civil society organizations through the “Round Tables” project, a series of meetings held in
different academic institutions around the country (see further elaboration in Section K).
Following the receipt of the recommendations and observations, all relevant Government
Ministries were consulted with within the process of drafting the replies. As a result of
these consultations, we are pleased to report that Israel has been able to adopt 93
recommendations, in whole or in part.
4. The present Addendum is structured in accordance with the themes used on Israel's
National Report. When reviewing recommendations and observations, the State of Israel
implemented the following methodology:
(a) Recommendations that fully enjoy the support of the State of Israel are
those recommendations that are either already implemented or which underlying spirit is
supported by the State. We recognize, realistically, that we may never fully accomplish
what is described in the literal sense of the terms of the recommendation but we remain
committed to making serious efforts towards achieving the said goals;
(b) Recommendations that partially enjoy the support of the State of Israel
are those recommendations with which we regard ourselves as partly compliant, or which
are supported in principle, but where we nonetheless object to the suggestion that our
current efforts are insufficient or fall short of good practice;
(c) Recommendations that were noted are those recommendations that we
cannot commit to implement at this stage for legal, policy, or other reasons. These also
include recommendations made, which we categorically denounce, based on gross
misrepresentation or perversion of facts.
5. Due to space constraints, we attempted to refrain from reiterating in this Addendum
issues that have already been raised in Israel's National Report and therefore it is advised to
review it in conjunction with the National Report.
6. As part of the consultations that led to the Working Group's Report, the State of
Israel noted eight recommendations that contained the term "State of Palestine". These
recommendations were referenced in paragraphs 119.1–119.8 of the Working Group's
Report. While Israel welcomes an open dialogue with delegates of the Palestinian Authority
on matters of human rights, we categorically oppose the designation of the Palestinian
entity as a State. We recognize that such a designation is used by the United Nations
following a Palestinian request and subsequent adoption of UN General Assembly
resolution 67/19. However, it does not and cannot indicate any recognition of statehood,
and is without prejudice to the substantive question of the legal status of the Palestinian
entity. Israel further considers that the Palestinian entity does not satisfy the criteria for
statehood under international law, and, like many other States, does not recognize it as
such.
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3
II. Review of recommendations by theme
A. International instruments and domestic legislative and structural
human rights frameworks
7. The following recommendations enjoy the support of Israel in part: 118.19; 118.20;
118.21.
8. The following recommendations were noted by Israel: 118.1; 118.2; 118.3; 118.4;
118.5; 118.6; 118.7; 118.8; 118.9; 118.10; 118.11; 118.12; 118.13; 118.14; 118.15; 118.16;
118.17; 118.18; 118.22.
9. Israel's ratification of seven core UN Human Rights Conventions, and of many other
human rights instruments, reflects our strong commitment to ensuring the legal safeguards
established in those conventions. Fundamental human rights protections are afforded to
every individual – men, women and children, and are enshrined in Israel’s Basic Laws.
Israel's judicial system is strongly involved in promoting and protecting human rights.
B. Cooperation with United Nations agencies and bodies
10. The following recommendations enjoy the support of Israel: 118.31; 118.33; 118.34;
118.35; 118.36; 118.46.
11. The following recommendations enjoy the support of Israel in part: 118.30; 118.32.
12. The following recommendations were noted by Israel: 118.23; 118.24; 118.25;
118.26; 118.27; 118.28; 118.29; 118.37; 118.38; 118.39; 118.40; 118.41; 118.42; 118.43;
118.44; 118.45.
13. As part of Israel’s engagement with Special Procedures and its participation in the
Human Rights Council's work as an active observer, we consider favorably most requests
we receive, and make a sincere effort to host one official country visit a year. We
welcomed the visit of the Special Rapporteur on Violence against Women, its Causes and
Consequences in 2016, and are currently considering other requests for the coming year. In
addition, we welcome the frequent unofficial visits of special mandate-holders to Israel in
their academic capacity, and arrange for meetings with government officials. Moreover, we
regularly engage with the various mandate-holders and organize or co-sponsor events on a
variety of human rights thematic issues.
C. Combatting racism, discrimination, xenophobia and antidiscrimination
14. The following recommendations enjoy the support of Israel: 118.47; 118.48; 118.49;
118.50; 118.52; 118.59; 118.62.
15. The following recommendations enjoy the support of Israel in part: 118.51; 118.55;
118.58.
16. The following recommendations were noted by Israel: 118.53; 118.54; 118.56;
118.57; 118.60; 118.61; 118.63.
17. Our commitment to promoting equality and non-discrimination has been reiterated
in the establishment in 2016 of the Inter-Ministerial Team Charged with Forming an Action
Plan to Deal with Racism against Persons of Ethiopian Origin. This team was established
following a notable Government Resolution, which for the first time, explicitly recognized
the need to combat racist practices targeted against persons of Ethiopian origin.
18. The team released an extensive report which included an array of recommendations,
the most essential of which was the establishment of a new governmental unit within the
Ministry of Justice for the coordination of the fight against racism. The National Anti-
Racism Coordinator's Office was established in 2016.
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D. Ensuring LGBT rights and gender-based equality
19. The following recommendations enjoy the support of Israel: 118.64; 118.65;
118.102; 118.103; 118.104; 118.105; 118.106; 118.107; 118.108; 118.109; 118.110;
118.111; 118.113; 118.114; 118.115; 118.116.
20. The following recommendations were noted by Israel: 118.112.
21. Israel is strongly devoted to the promotion and protection of women rights, and
women's participation in the public sphere is valued and encouraged. Between 2010 and
2014 alone, Israel passed some 50 laws and amendments to further bolster gender equality
and the empowerment of women. In fact, Israel was one of the first countries in the UN to
officially recognize in its legislation the importance of the participation of women in all
decision-making levels of national institutions and mechanisms.
22. With respect to LGBT rights, Israel attaches great importance to the protection of
the rights of its citizens to live freely according to their sexual orientation and gender
identity and actively promotes the development of LGBT rights. Among some of the court
decisions protecting the rights of same-sex couples in Israel is the 2013 Tel Aviv-Jaffa
Family Court ruling, according to which a same-sex couple could be registered as parents
and recognized as joint parents through a judicial parenthood order, without a social
services’ review.
E. Minority rights
23. The following recommendations enjoy the support of Israel: 118.127; 118.128;
118.129; 118.130; 118.133; 118.134.
24. The following recommendations enjoy the support of Israel in part: 118.131;
118.132.
25. Israel strives to protect, promote, and integrate minorities, who comprise
approximately 25.3% of Israel’s population, and ensure that they have equal access to
employment, education, and socio-economic rights, as well as full participation in political
processes.
26. Due to the affirmative action measures taken by the government, there has been a
steady increase in the employment rates of minorities in the civil service. As of October
2017, 10.1% of all civil service employees were Arabs, Bedouins, Druze and Circassians
(compared to 8.4% in 2012 and 6.17% in 2007). Approximately 40% of these employees
are women.
F. Immigration and asylum matters
27. The following recommendation enjoys the support of Israel: 118.138.
28. The following recommendations enjoy the support of Israel in part: 118.135;
118.139.
29. The following recommendations were noted by Israel: 118.136; 118.137.
30. Israel continues to conduct individual refugee status determination assessments for
asylum seekers of all nationalities. An important amendment was made in 2017 to the
Government Regulation concerning the Processing of Asylum Requests, which highlights
gender sensitivities that are central to the process of refugee status determination. It
instructs those conducting interviews to display due sensitivity to gender-based
considerations that may affect behaviour, feelings or testimony of the applicant. It further
stipulates that particular sensitivity must be displayed to victims of gender-based violence,
including sexual violence. Interviewers must also inform applicants that they may request
an interviewer and translator of the same gender.
A/HRC/38/15/Add.1
5
G. Fighting terrorism within the law and investigatory safeguards against
abuse
31. The following recommendations enjoy the support of Israel: 118.66; 118.67; 118.76;
118.78; 118.79; 118.81.
32. The following recommendations enjoy the support of Israel in part: 118.71; 118.72;
118.80; 118.83; 118.84.
33. The following recommendations were noted by Israel: 118.68; 118.69; 118.70;
118.73; 118.74; 118.75; 118.77; 118.82; 118.85.
34. The State of Israel attaches great importance to strengthening compliance with the
relevant applicable international law standards in the fight against torture and cruel,
inhuman and degrading treatment or punishment. Israel’s authorities are conducting
thorough oversight over the processing and handling of complaints or reports of torture, illtreatment
or disproportionate use of force against detainees.
35. This is evident, among others, through the examination and investigation of
misconduct conducted by the Israel Defense Forces (IDF) in order to ensure compliance
with the rule of law, including International Law and the Law of Armed Conflict. The three
main components of the IDF’s review mechanisms are the Military Advocate General’s
Corps, the Military Police Criminal Investigation Division and the Military Courts. In
addition, Israel subjects the IDF’s military justice system to the civilian supervision of the
Attorney General, the State Comptroller, the Knesset and the Supreme Court.
H. Freedom of religion
36. The following recommendations enjoy the support of Israel: 118.88; 118.90.
37. The following recommendations were noted by Israel: 118.86; 118.87; 118.89.
38. As underlined in Basic Law: Human Dignity and Liberty, freedom of religion is an
important facet of Israeli society, and consists of both the freedom of religion and the
freedom to practice one's religion. We are committed to enabling access to holy places to
members of all religions, without distinction of any kind.
I. Rights of persons with disabilities
39. The following recommendation enjoys the support of Israel: 118.126.
40. The Commission for Equal Rights of Persons with Disabilities was established in
2000 and was charged with the implementation of the Equal Rights for Persons with
Disabilities Law. Upon ratification of the Convention on the Rights of Persons with
Disabilities in 2012, the Commission was made responsible for promoting the Convention
and monitoring its implementation. The Commission acts to enhance equality, fight
discrimination and eliminate accessibility barriers.
J. Economic, social and cultural rights
41. The following recommendation enjoys the support of Israel: 118.101.
42. Israel has taken effective actions towards a progressive realization of economic,
social and cultural rights for all its citizens, in line with the ICESCR. In this regard, the
government has established an inter-ministerial committee tasked with formulating a
strategic plan to mitigate the negative repercussions of polygamy, which can still be found
in certain parts of society, mainly within the Bedouin community. The committee has been
examining, for example, how employment opportunities may be made culturally and
practically accessible and how educational frameworks may be enhanced and developed in
order to reduce drop-out rates. It is further examining how welfare services may be properly
A/HRC/38/15/Add.1
6
channeled to address the emotional and social needs of women and children who have been
harmed by polygamous marriage.
K. Civil Society
43. The following recommendations enjoy the support of Israel: 118.91; 118.92; 118.93;
118.94; 118.95; 118.96; 118.97; 118.98; 118.99; 118.100.
44. As mentioned in our National Report, Israel maintains a vibrant dialogue with civil
society organizations, in particular within the UN Human Rights treaty bodies and UPR
reporting process. Since 2012, the MFA and MOJ have promoted a project under the
auspices of the Hebrew University of Jerusalem, designed to facilitate open dialogue and
improve cooperation between State authorities and civil society organizations, specifically
concerning the reporting process to UN Human Rights Committees. The project created a
joint forum, attended by state authorities, scholars and representatives of civil society, to
discuss State reports that are submitted to these committees on an ongoing basis and
encourage civil society organizations to comment on the State's draft reports.
45. Since the last reporting cycle, in 2017, Israel also introduced, a series of "Round
Tables". This project entailed six discussion sessions in academic institutions throughout
Israel so as to facilitate diverse participation. The sessions offered a unique platform for
free discourse between civil society, academics and government representatives on core
human rights issues related, inter alia, to: LGBT Rights; Israelis of Ethiopian descent; the
Bedouin population; women's rights; rights of persons with disabilities; and social and
economic rights in the periphery. One of the aims of this project was to allow grass roots
organizations, which usually do not have the resources to submit shadow reports to the
general treaty bodies and UPR process, to participate in the UN human rights reporting
mechanism.
L. Children rights
46. The following recommendations enjoy the support of Israel: 118.117; 118.118;
118.119; 118.122; 118.123; 118.124.
47. The following recommendations were noted by Israel: 118.120; 118.121; 118.125.
48. Israel remains determined to protect children's rights and has continued to act
towards the betterment of all children. Since the last UPR cycle, a number of important
reforms have been adopted, including the 2016 Amendment No. 35 to Compulsory
Education Law 5709-1949, which lowered the compulsory age of enrolment of children in
kindergartens from five to three.
49. In addition, amendment No. 6 of 2013 to the Marriage Age Law 5710-1950 raised
the minimum age for marriage from 17 to 18. Anyone who marries a minor, officiates at a
minor’s wedding, or enables the marriage of a minor under his/her guardianship may be
sentenced to two years of imprisonment or a fine.
M. Israel and the Palestinian Authority
50. As stated by Ambassador Aviva Raz Shechter: “our relations with the Palestinians
will continue to be of the highest priority, and despite the known setbacks in the Peace
Process, we will continue to seek a lasting solution that will enable our two peoples to live
side by side in peace and security”. Israel will act to achieve peace through negotiations
conducted on the basis of mutual recognition, signed agreements and cessation of violence.
51. Nevertheless, at this stage, the following recommendations were noted by Israel:
118.140; 118.141; 118.142; 118.143; 118.144; 118.146; 118.147; 118.148; 118.149;
118.150; 118.151; 118.152; 118.153; 118.154; 118.157; 118.158; 118.159 118.160;
118.161; 118.162; 118.168; 118.169; 118.172; 118.173; 118.174; 118.175; 118.176;
118.177; 118.178; 118.179; 118.180; 118.181; 118.182; 118.183; 118.184; 118.185;
A/HRC/38/15/Add.1
7
118.186; 118.187; 118.188; 118.189; 118.190; 118.191; 118.192; 118.194; 118.196;
118.197; 118.198; 118.201; 118.202; 118.203; 118.204; 118.205; 118.206; 118.207;
118.208; 118.209; 118.210; 118.211; 118.212; 118.213; 118.214; 118.215; 118.216;
118.217; 118.218; 118.219; 188.220; 118.221; 118.222; 118.223; 118.224; 118.225;
118.226; 118.227; 118.228; 118.229; 118.230; 118.231; 118.232; 119.1; 119.2; 119.3;
119.4; 119.5; 119.6; 119.7; 119.8.
52. The following recommendations enjoy the support of Israel: 118.155; 118.163;
118.164; 118.165; 118.166; 118.167; 118.195; 118.200.
53. The following recommendations enjoy the support of Israel in part: 118.145;
118.156; 118.170; 118.171; 118.193; 118.199.
GE.18-12242(E)

Human Rights Council
Thirty-eighth session
18 June–6 July 2018
Agenda item 6
Decision adopted by the Human Rights Council
on 29 June 2018
38/112. Outcome of the universal periodic review: Israel
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Israel on 23 January 2018 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Israel, comprising the report thereon of the
Working Group on the Universal Periodic Review,1 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.2
26th meeting
29 June 2018
[Adopted without a vote.]
1 A/HRC/38/15.
2 A/HRC/38/15/Add.1; see also A/HRC/38/2, chap. VI.
United Nations A/HRC/DEC/38/112
General Assembly Distr.: General
24 July 2018
Original: English