OF RACIAL DISCRIMINATION
OF RACIAL DISCRIMINATION,INCLUDING EARLY
WARNING AND URGENT PROCEDURES
73. The Committee considered
the situation in Israel, on the basis of the urgent report requested from
the Government of Israel under article 9, paragraph 1, of the Convention
(CERD/C/45/Misc.1), at its 1057th and 1058th meetings, on 10 and 11 August
1994 (see CERD/C/SR.1057 and SR.1058).
74. Members of the Committee
regretted the absence of a delegation to participate in the discussion.
They took note of the exchanges of correspondence with the State party,
but said that the documents received did not supply the information requested
by the Committee. They emphasized that there was no doubt as to the competence
of the Committee to request information on the implementation of the Convention
in the occupied territories inasmuch as, by becoming a party to the Convention,
Israel had undertaken to respect and ensure respect for the Convention
in all territories under its jurisdiction and in regard to all persons
living therein (art. 3). The Committee was also competent to consider
criminal acts, whether or not isolated, committed by individuals, if they
were racial in character (art. 2, para. 1 (d)).
75. Members of the Committee
emphasized that the massacre of Palestinians praying at the Tomb of the
Patriarchs in Hebron could not be described as an "isolated incident"
by the authorities, for too many "isolated incidents" had occurred
to use such a description. That act appeared to be an isolated act, but
it had taken place in an overall context of violence by the Jewish settlers
towards the Palestinians. In that regard, the Committee noted that the
establishment of Jewish settlements in the occupied territories was illegal
under international law (particularly art. 49 of the Fourth Geneva Convention)
and constituted a threat to peace and security in the region.
76. Members of the Committee
wished to know what measures had been taken to follow up the recommendations
of the commission of inquiry appointed by the Israeli Government as a
result of the Hebron massacre.
77. With reference to article
4 of the Convention, members welcomed the Government's decision to ban
certain extremist groups and called upon it to ban all other such groups.
They also requested the Government to supply full information on what
Israel was doing, in both juridical and practical terms, to comply with
article 4 of the Convention.
78. Members of the Committee
emphasized that the problem of the security of all citizens should be
viewed in the context of article 5 (b) of the Convention, whereby States
parties undertook to protect individuals, groups or institutions against
any racial discrimination. Members wished to know what measures the Government
had taken to implement article 5 of the Convention.
79. Members expressed the
wish that the Government of Israel provide a report indicating what measures
it had taken to combat discrimination against the Palestinians and ensure
protection of the Palestinians in the occupied territories. The report
should also indicate any changes in the settlement policy for the occupied
territories (in particular whether new settlements were being established
and whether settlers could still freely bear arms, even inside Muslim
or "mixed" places of worship) and address the existence of two
different legal systems in the occupied territories, which meant different
treatment of Jewish settlers and Palestinians under criminal law, and
also in regard to enforcement of the law.
80. Members also expressed
the wish that the Government of Israel indicate in its report to the Committee
what reparation had been granted to the victims of the Hebron massacre
and their families, as required under article 6 of the Convention, and
in general what procedures existed to redress harm suffered by all of
the victims of human rights violations.
81. The Government should
also provide the Committee with all available information on the measures
taken, particularly in the occupied territories and the Jewish settlements,
in the field of the education and training of professionals concerned
with racial discrimination, culture and information to combat racial discrimination
and promote understanding and tolerance between Jews and Palestinians,
in conformity with article 7 of the Convention.
82. At its 1067 meeting, on
18 August 1994, the Committee adopted the following concluding observations.
83. The Committee reaffirms
its position of principle that, since Israel is a party to the International
Convention on the Elimination of All Forms of Racial Discrimination, the
Committee is competent to examine the manner in which Israel is fulfilling
its obligations under the Convention with respect to everyone falling
under the jurisdiction of Israel including all persons living in the territories
occupied by Israel.
84. The Committee also affirms
its competence to request in appropriate cases, in particular in matters
of urgent concern and in the context of its preventive approach, special
information in accordance with article 9, paragraph 1 (b), of the Convention.
85. While the Committee acknowledges
the information it has received from Israel through the Secretary-General,
the Committee regrets that Israel has not submitted the urgent report
the Committee requested in its decision 1 (44) of 7 March 1994.
86. The Committee reaffirms
that all persons, without distinction as to race, or ethnic or national
origin, are entitled to security of person and protection by the State
against violence or bodily harm, whether inflicted by government officials
or by any individual, group or institution. Consequently, Israel is obliged
to protect fully the life and security of the Palestinian civilians in
the occupied territories.
87. The Committee regards
the Israeli settlements in the occupied territories as not only illegal
under international law but also as obstacles to peace and to the enjoyment
of human rights by the whole population in the region, without distinction
as to national or ethnic origin, in accordance with the Convention.
88. The Committee welcomes
the outlawing by Israel, after the massacre in Hebron, of the extremist
Jewish groups "Kach" and "Kahana Chai" as terrorist
organizations and indications that Israel will take similar action against
other terrorist groups and movements.
89. The Committee requests
that just and adequate reparation be granted to the families of the fallen
and injured victims of the Hebron massacre and of other similar violent
90. The Committee fully endorses
the peace process currently under way between Israel and the Palestine
Liberation Organization and considers respect for the principles and obligations
of the International Convention on the Elimination of All Forms of Racial
Discrimination to be an essential ingredient of the peace process.
91. In the light of paragraph
85 above, the Committee requests the Government of Israel to expedite
its seventh and eighth periodic reports, due on 2 February 1992 and 1994
respectively, and to include in them a response to these observations.