Compilation of information on Israel prepared by the UN Office of the High Commissioner for Human Rights

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Report to be discussed on Oct. 29, 2013 during Israel's Universal Periodic Review at the UN Human Rights Council
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  GE.12- 18075   Human Rights Council Working Group on the Universal Periodic ReviewFifteenth session 21 January–1 February 2013 Compilation prepared by the Office of the HighCommissioner for Human Rights in accordance withparagraph 5 of the annex to Human Rights Councilresolution 16/21Israel The present report is a compilation of the information contained in the reports of treaty bodies and special procedures, including observations and comments by the Stateconcerned, and of the Office of the High Commissioner for Human Rights (OHCHR), andother relevant official United Nations documents. It is presented in a summarized mannerdue to word-limit constraints. For the full text, please refer to the document referenced.This report does not contain any opinions, views or suggestions on the part of OHCHRother than those contained in public reports and statements issued by the Office. It followsthe general guidelines adopted by the Human Rights Council in its decision 17/119.Information included herein has been systematically referenced in endnotes. The report hasbeen prepared taking into consideration the periodicity of the review and developmentsduring that period. United Nations A  /HRC/WG.6/15/ISR/2  General Assembly Distr.: General9 November 2012Original: English  A/HRC/WG.6/15/ISR/22   I. Background and framework A. Scope of international obligations 1   International human rights treaties 2   Status during previous cycle Action after review Not ratified/not accepted   Ratification,accession or succession  ICERD (1979)ICESCR (1991)ICCPR (1991)CEDAW (1991)CAT (1991)CRC (1991)OP-CRC-AC (2005)OP-CRC-SC (2008)CRPD(signature only, 2007)CRPD (2012) ICCPR-OP 2OP-CATICRMWCPED  Reservations,declarations and/or understandings  ICERD(Reservation, art. 22, 1979)ICCPR(Reservation, art. 23;declarationarts. 4, para. 1, and 9, 1991)CEDAW(Reservation, arts. 7 (b) and16 / Declaration, art. 29, para.1, 1991)CAT(Reservation, arts. 20 and 30,para. 1, 1991) Complaint  procedures, inquiryand urgent action 3  ICERD, art. 14OP-ICESCRICCPR, art. 41ICCPR-OP 1OP-CEDAWCAT,arts. 20, 21 and 22OP-CRC-ICICRMWOP-CRPD  A/HRC/WG.6/15/ISR/23 Status during previous cycle Action after review Not ratified/not accepted  CPED Other main relevant international instruments Status during previous cycle Action after review Not ratified  4    Ratification,accession or succession  Convention on the Preventionand Punishment of the Crime of Genocide (1950)1951 Convention relating to theStatus of Refugees (1954) andits 1967 Protocol (1968)1954 Convention relating to theStatus of Stateless Persons(1958)Geneva Conventions of 12August 1949 (1951) andAdditional Protocol III thereto(2007) 5  ILO fundamental conventions 6  UNESCO Convention againstDiscrimination in Education(1961)PalermoProtocol(2008) 7  Rome Statute of theInternational CriminalCourt1961 Convention on theReduction of Statelessness(signature only, 1961)Additional Protocols I andII to the GenevaConventions of 12 August1949 8  ILOConventions No. 169 andNo. 189 9  1. In 2010, the Committee on the Rights of the Child (CRC) recommended that Israelratify the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 1997, and the Convention on ClusterMunitions, 2008. 10   2. In 2009, the Committee against Torture (CAT) encouraged Israel to make thedeclarations under articles 21 and 22 of the Convention 11 and to withdraw its declarationprohibiting article 20 inquiries. 12 In 2011, the Committee on the Elimination of Discrimination against Women (CEDAW) urged Israel to withdraw its reservations to theConvention. 13 In 2012, Committee on the Elimination of Racial Discrimination (CERD)encouraged Israel to make the optional declaration under article 14. 14  3. In 2012, the Human Rights Council reaffirmed the right of the Palestinian people toself-determination. 15 The General Assembly, the Security Council, the International Courtof Justice and the United Nations High Commissioner for Human Rights have alsoreaffirmed the right of the Palestinian people to self-determination. 16   B. Constitutional and legislative framework 4. In 2010, the Human Rights Committee (HR Committee) recommended that Israelamend its Basic Laws and other legislation to include the principle of non-discrimination. 17  CEDAW remained concerned that the Basic Law: Human Dignity and Liberty (1992) didnot contain a provision on equality between women and men and the prohibition of discrimination against women. 18    A/HRC/WG.6/15/ISR/24   5. CERD was concerned that no prohibition of racial discrimination had been includedin the Basic Law; neither did Israeli legislation contain a definition in accordance with theConvention. 19  6. CAT reiterated its concern that a crime of torture, as defined in the Convention, hadnot been incorporated into Israeli legislation. 20  7. CERD was concerned at the existence of two sets of laws, one for Palestinians andanother for Jewish settlers who resided in the same territory, namely the West bank,including East Jerusalem, and were not subject to the same justice system. 21  8. UNHCR recommended that Israel adopt legislation that, inter alia, would govern theasylum procedure in Israel, including the incorporation of the principle of non-refoulementand the inclusion of gender-based persecution as a ground for refugee status. 22 CAT alsorecommended that the principle of non-refoulement be incorporated into the domesticlegislation. 23   C. Institutional and human rights infrastructure and policy measures 9. The Committee on Economic, Social and Cultural Rights (CESCR) 24 and CEDAW 25  recommended that Israel establish an independent national human rights institution incompliance with the principles relating to the status of national institutions for thepromotion and protection of human rights (Paris Principles). CERD made a similarrecommendation. 26   II. Cooperation with human rights mechanisms 10. In 2010, the Human Rights Council held an urgent debate on the raid on the flotillaby Israeli Defense Forces. 27 The High Commissioner for Human Rights observed that themain conclusions of the fact-finding mission had yet to be met with effective action by theIsraeli authorities, and that Israel had not cooperated with the mission. 28 The HighCommissioner noted that there had neither been prosecutions nor an effective remedy forthe crimes and violations noted by the fact-finding mission with regard to the incident of the humanitarian flotilla. 29  11. On 14 May 2012, Israel informed the Human Rights Council President that it haddecided to suspend its relationship with the Council. 30 The Special Committee toInvestigate Israeli Practices Affecting the Human Rights of the Palestinian People andOther Arabs of the Occupied Territories, has noted the continuing non-cooperation of Israelwith its mandate. 31   A. Cooperation with treaty bodies 32   1. Reporting status Treaty bodyConcludingobservationsincluded in previousreview Latest report submitted since previousreview Latest concludingobservations Reporting status CERD March 2007 2010 February 2012 Seventeenth to nineteenthreports due 2016CESCR May 2003 2009 December 2011 Fourth report due 2016HR August 2003 2008 July 2010 Fourth report due 2013
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