1. The Committee considered
the initial report of Israel (CCPR/C/81/Add.13) at its 1675th, 1676th
and 1677th meetings (see CCPR/C/SR.1675-1677), held on 15 and 16 July
1998, and adopted the following concluding observations at its 1694th
meeting (CCPR/C/SR.1694), held on 28 July 1998.
A. Introduction
2. The Committee welcomes
the initial report submitted by the Government of Israel, and notes with
satisfaction that it was largely prepared in accordance with the Committee's
guidelines concerning the form and contents of initial reports. The Committee,
however, regrets the considerable delay in the submission of the report,
which was received five years after the date on which it was due.
3. The Committee notes that
the report, while providing extensive information on prevailing legislation
in the field of human rights in Israel, lacks sufficient information on
the implementation of the Covenant in practice and on the factors and
difficulties impeding its effective implementation. This was partly rectified
by the oral information provided by the delegation during the examination
of the report, which enabled the Committee to embark on a frank and constructive
dialogue with the State party. The Committee expresses satisfaction that
the Government had widely disseminated the report among non-governmental
organizations prior to its consideration by the Committee.
B. Factors and difficulties affecting the implementation of the Covenant
4. The Committee notes the
security concerns in the State party, the frequent attacks on the civilian
population, the problems linked to its occupation of territories and the
fact that the State party is officially at war with a number of neighbouring
States. However, the Committee draws attention to article 4 of the Covenant,
which permits no derogation from certain basic rights even in times of
public emergency.
C. Positive factors
5. The Committee notes with
satisfaction that Israeli society is a democratic one in which sensitive
issues are openly debated and that an active non-governmental community
has taken firm root. It expresses appreciation for the wide dissemination
of the initial report of Israel among professionals in the justice system
who work directly in matters relating to the promotion and protection
of human rights and among non-governmental organizations. It welcomes
indications that the inter-ministerial network of persons that have worked
together on the drafting of the present report may soon be institutionalized.
6. The Committee welcomes
the fact that the report includes many references to decisions of the
Supreme Court upholding rights protected under the Covenant.
7. The Committee welcomes
the recent establishment of the Public Defender's Office. It also welcomes
efforts to implement the recommendations of the Kremnitzer Committee,
which address questions of police violence, and of the Goldberg Committee
regarding rules of evidence. It welcomes the progressive steps which have
led to the amendment of the Criminal Code and to the establishment of
the Department for Investigation of Police Misconduct within the Ministry
of Justice to review complaints of maltreatment by members of the police
and security forces. The Committee takes note that the State Comptroller's
Office is responsible for acting as Ombudsman, and would welcome further
information on its activities, particularly as regards measures to combat
discrimination.
8. The Committee notes with
satisfaction the establishment of bodies in various ministries to address
questions relating to the status of women, and particularly welcomes the
activities of the Knesset Committee for the Advancement of the Status
of Women. It also notes with satisfaction: the establishment of a national
authority on the advancement of women with a wide range of responsibilities;
the amendment of the Equal Employment Opportunities Law placing the burden
of proof upon the employer in civil sexual harassment suits; and the enactment
of the Equal Pay (Male and Female Employees) Law.
D. Principal subjects of concern and recommendations
9. The Committee notes with
regret that, although some rights provided for in the Covenant are legally
protected and promoted through the Basic Laws, municipal laws, and the
jurisprudence of the courts, the Covenant has not been incorporated in
Israeli law and cannot be directly invoked in the courts. It recommends
early action in respect of recent legislative initiatives aimed at enhancing
the enjoyment of a number of the rights provided for in the Covenant,
including proposals for new draft Basic Laws on due process rights and
on freedom of expression and association. It also recommends that consideration
be given to enacting further laws to give effect to any rights not already
covered by Basic Laws.
10. The Committee is deeply
concerned that Israel continues to deny its responsibility to fully apply
the Covenant in the occupied territories. In this regard, the Committee
points to the long-standing presence of Israel in these territories, Israel's
ambiguous attitude towards their future status, as well as the exercise
of effective jurisdiction by Israeli security forces therein. In response
to the arguments presented by the delegation, the Committee emphasizes
that the applicability of rules of humanitarian law does not by itself
impede the application of the Covenant or the accountability of the State
under article 2, paragraph 1, for the actions of its authorities. The
Committee is therefore of the view that, under the circumstances, the
Covenant must be held applicable to the occupied territories and those
areas of southern Lebanon and West Bekaa where Israel exercises effective
control. The Committee requests the State party to include in its second
periodic report all information relevant to the application of the Covenant
in territories which it occupies.
11. The Committee expresses
its deep concern at the continued state of emergency prevailing in Israel,
which has been in effect since independence. It recommends that the Government
review the necessity for the continued renewal of the state of emergency
with a view to limiting as far as possible its scope and territorial applicability
and the associated derogation of rights. In this regard, the Committee
draws attention to article 4 of the Covenant, which permits no derogation
from articles 6, 7, 8 (paras. 1 and 2), 11, 15, 16 and 18, and requires
that permitted derogations be limited to the extent strictly required
by the exigencies of the situation.
12. The Committee expresses
serious concern over deeply imbedded discriminatory social attitudes,
practices and laws against Arab Israelis that have resulted in a lower
standard of living compared with Jewish Israelis, as is evident in their
significantly lower levels of education, access to health care, access
to housing, land and employment. It notes with concern that most Arab
Israelis, because they do not join the army, do not enjoy the financial
benefits available to Israelis who have served in the army, including
scholarships and housing loans. The Committee also expresses concern that
the Arabic language, though official, has not been accorded equal status
in practice, and that discrimination against members of the Arab minority
appears to be extensive in the private sector. In this regard, the Committee
urges the State party to take steps without delay to ensure equality to
Arabs and to proceed as soon as possible with the planned formulation
of a draft law on discrimination in the private sector and to adopt it
at an early date.
13. The Committee is concerned
that Palestinians in the occupied territories who remain under the control
of Israeli security forces do not enjoy the same rights and freedoms as
Jewish settlers in those territories, in particular in regard to planning
and building permits and access to land and water. The Committee is also
concerned at the policies of confiscation of lands and settlement in the
occupied territories. The Committee recommends that coordinated and targeted
efforts be made to establish basic standards that are applicable equally
to all persons under the jurisdiction of Israel.
14. The Committee is also
concerned at the discrimination faced by Bedouins, many of whom have expressed
a desire to continue to live in settlements in the Negev which are not
recognized by the Israeli Government and which are not provided with basic
infrastructure and essential services. The Committee recommends that members
of Bedouin communities should be given equality of treatment with Jewish
settlements in the same region, many of which are also dispersed and populated
by small numbers of people.
15. The Committee expresses
concern over the situation of women who, despite the advances noted in
paragraph 8, continue to face discrimination in many aspects of life,
including in military service and in religious institutions, and that
they are underrepresented in the conduct of public affairs. The Committee
notes that no clear plan of action exists which addresses the situation
of the most disadvantaged group of women, namely those belonging to the
Arab minority. The Committee recommends that targeted measures be considered
to accelerate progress towards equality, in particular for Arab women.
16. The Committee regrets
that women brought to Israel for purposes of prostitution, many under
false pretences or through coercion, are not protected as victims of trafficking
but are likely to be penalized for their illegal presence in Israel by
deportation. Such an approach to this problem effectively prevents these
women from pursuing a remedy for the violation of their rights under article
8 of the Covenant. The Committee recommends that serious efforts be made
to seek out and punish the traffickers, to institute rehabilitation programmes
for the victims and to ensure that they are able to pursue legal remedies
against the perpetrators.
17. With respect to article
6 of the Covenant, the Committee is concerned about the number of Palestinians
who have been killed by the security forces, as well as all persons who
have been the victims of terrorist attacks. The Committee expresses concern
over the use of rubber-coated metal bullets by the security forces in
the occupied territories in dispersing demonstrations. This type of rubber
bullet is reported to have killed many Palestinians, including children.
The Committee urges the State party to enforce rigorously the strict limitations
on the operational rules as to the use of firearms and the use of rubber
bullets against unarmed civilians. It requests that the next periodic
report include precise information on the number of deaths, including
those caused by rubber bullets, the number of complaints arising from
their use and the number of defence and security personnel that have been
punished or disciplined as a result.
18. The Committee regrets
the introduction by the Government of a draft law which would deny victims
compensation for excesses committed by members of the security forces
against Palestinian residents of the occupied territories. It requests
that detailed information on these matters be included in the next periodic
report of the State party.
19. The Committee is deeply
concerned that under the guidelines for the conduct of interrogation of
suspected terrorists authority may be given to the security service to
use "moderate physical pressure" to obtain information considered crucial
to the "protection of life". The Committee notes that the part of the
report of the Landau Commission that lists and describes authorized methods
of applying pressure remains classified. The Committee notes also the
admission by the State party delegation that the methods of handcuffing,
hooding, shaking and sleep deprivation have been and continue to be used
as interrogation techniques, either alone or in combination. The Committee
is of the view that the guidelines can give rise to abuse and that the
use of these methods constitutes a violation of article 7 of the Covenant
in any circumstances. The Committee stresses that article 7 of the Covenant
is a non-derogable prohibition of torture and all forms of cruel, inhuman
or degrading treatment or punishment. The Committee urges the State party
to cease using the methods referred to above. If legislation is to be
enacted for the purpose of authorizing interrogation techniques, such
a law should explicitly prohibit all forms of treatment prohibited by
article 7.
20. Further in relation to
article 7 of the Covenant, the Committee notes that prisoners may be segregated
in Israel as a preventive measure for the protection of security, the
maintenance of order or to guarantee the safety of the prisoner. Noting
that segregation involves substantial isolation and may be extended over
long periods of time, the Committee recalls its General Comment 20 (44)
in which it noted that prolonged solitary confinement of a detained or
imprisoned person may violate article 7. The Committee recommends that
efforts be made to avoid prolonged isolation of segregated prisoners.
21. The Committee remains
concerned that despite the reduction in the number of persons held in
administrative detention on security grounds, persons may still be held
for long and apparently indefinite periods of time in custody without
trial. It is also concerned that Palestinians detained by Israeli military
order in the occupied territories do not have the same rights to judicial
review as persons detained in Israel under ordinary law. A specific concern
of the Committee is that at least some of the persons kept in administrative
detention for reasons of State security (and in particular some Lebanese)
do not personally threaten State security but are kept as "bargaining
chips" in order to promote negotiations with other parties on releasing
detained Israeli soldiers or the bodies of deceased soldiers. The Committee
considers the present application of administrative detention to be incompatible
with articles 7 and 16 of the Covenant, neither of which allows for derogation
in times of public emergency. The Committee takes due note that Israel
has derogated from article 9 of the Covenant. The Committee stresses,
however, that a State party may not depart from the requirement of effective
judicial review of detention. The Committee recommends that the application
of detention be brought within the strict requirements of the Covenant
and that effective judicial review be made mandatory.
22. While acknowledging the
security concerns that have led to restrictions on movement, the Committee
notes with regret the continued impediments imposed on movement, which
affect mostly Palestinians travelling in and between East Jerusalem, the
Gaza Strip and the West Bank, and which have grave consequences affecting
nearly all areas of Palestinian life. The Committee considers this to
raise serious issues under article 12. In regard to persons in these areas,
the Committee urges Israel to respect the right to freedom of movement
provided for under article 12, including the right to return to one's
country.
23. In regard to Palestinians
who are resident in East Jerusalem, the Committee is concerned that the
increasingly restrictive conditions for maintaining the right to permanent
residence, the denial of requests for family reunification and the difficulty
experienced by non-Jews in obtaining building permits and accommodation
have resulted in increasing numbers being forced to move to the occupied
territories. The Committee expresses its profound concern at the effect
of the unpublished directive of the Ministry of the Interior, under which
Palestinians may lose their right to live in the city if they cannot prove
that East Jerusalem has been their "centre of life" for the past seven
years. The Committee notes that this policy is being applied retroactively
to both Palestinians who live abroad and to those who live in the West
Bank or in nearby Jerusalem suburbs, but not to Israeli Jews or to foreign
Jews who are permanent residents of East Jerusalem. The Committee recommends
that the rules and procedures relating to permanent residency status be
applied without discrimination.
24. The Committee deplores
the demolition of Arab homes as a means of punishment. It also deplores
the practice of demolitions, in part or in whole, of "illegally" constructed
Arab homes. The Committee notes with regret the difficulties imposed on
Palestinian families seeking to obtain legitimate construction permits.
The Committee considers the demolition of homes to conflict directly with
the obligation of the State party to ensure without discrimination the
right not to be subjected to arbitrary interference with one's home (art.
17), the freedom to choose one's residence (art. 12) and equality of all
persons before the law and equal protection of the law (art. 26).
25. The Committee is also
concerned that the Israel Lands Administration (ILA), responsible for
the management of 93 per cent of land in Israel, includes no Arab members
and that while the ILA has leased or transferred land for the development
of Jewish towns and settlements, few Arab localities have been established
in this way until recent years. The Committee recommends that urgent steps
be taken to overcome the considerable inequality and discrimination which
remain in regard to land and housing.
26. The Committee regrets
that the authorities appear to be placing obstacles in the way of family
reunion in the case of marriages between an Israeli citizen and a non-citizen
who is not Jewish (and therefore not entitled to enter under the Law of
Return). These obstacles, which include long waiting periods for entry
permits, a "probation" period of over five years' residence to establish
that the marriage is genuine and a further waiting period for citizenship,
are applied even more rigorously in the case of Arab citizens, particularly
those who marry persons resident in the occupied territories. The Committee
considers such obstacles to be incompatible with articles 17 and 23. It
is recommended that the Government reconsider its policies with a view
to facilitating family reunion of all citizens and permanent residents.
27. The Committee is concerned
that Arab women citizens of Israel have in some cases been required to
relinquish their citizenship should they marry a Palestinian and apply
for residence in the occupied territories. It welcomes the Israeli Government's
response that this policy no longer applies and recommends that those
already affected be made fully aware of the relevant legal provisions
and that their status be restored.
28. The Committee is concerned
at the preference given to the Jewish religion in the allocation of funding
for religious bodies, to the detriment of Muslims, Christians, Druze and
other religious groups. The Committee recommends that regulations and
criteria for funding be published and applied to all religious groups
on an equal basis.
29. The Committee is concerned
that the application of religious law to determine matters of personal
status, including marriage and divorce, and the absence of provision for
civil marriage effectively deny some persons the right to marry in Israel,
and result in inequality between men and women. It is also concerned that
the minimum age of marriage for girls, fixed by law at 17, may be reduced
by the religious courts, and that no minimum age is fixed for men. The
lack of provision for civil burial is also a matter of concern. The Committee
urges early implementation of measures currently under consideration to
facilitate civil marriages and civil burial for those who do not belong
to a religion. It recommends that the State party take into account international
standards for the age of majority in its current review of the minimum
marriageable age for men and women.
30. The Committee recommends
that the Government consider ratifying the Optional Protocol to the Covenant.
31. The Committee requests
that the Government of Israel submit its second periodic report, which
is due by June 2000. It also requests that the next report include information
on the implementation of the Covenant in all lands over which Israel exercises
effective control during the period covered by the report.
32. The Committee recommends
the publication and distribution of the concluding observations of the
Committee to public bodies, media agencies, and non-governmental organizations
working in the area of human rights.