A/HRC/16/53/Add.1
already implemented or envisages implementing in order to ensure that excavations and
construction works on Ma’man Allah (Mamilla) cemetery in Jerusalem respect and protect
cultural heritage and cultural property as well as freedom of religion or belief.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
213. The Special Rapporteur regrets that he has so far not received a reply from the
Government of Israel concerning the above mentioned allegations. He would like to appeal
to the Government of Israel to ensure the right to freedom of religion or belief in
accordance with articles 18 of the Universal Declaration of Human Rights and of the
International Covenant on Civil and Political Rights. This right includes freedom to
manifest one’s religion or belief in teaching, practice, worship and observance, either alone
or in community with others and in public or private. In addition, he would like to refer to
international humanitarian law, which also protects the freedom to practice one’s religion
through religious observances, services and rites. With regard to territories of the parties to
the conflict and to occupied territories, article 27 of the Fourth Geneva Convention
provides that the protected persons are entitled, in all circumstances, to respect for “their
religious convictions, and practices and their manners and customs”. They must be able to
practice their religion freely, without any restrictions other than those necessary for the
maintenance of public law and morals.
214. The General Assembly, in its resolution 55/254, calls upon all States to exert their
utmost efforts to ensure that religious sites are fully respected and protected in conformity
with international standards and in accordance with their national legislation. In the same
resolution, the General Assembly encourages all States, relevant intergovernmental and
non-governmental organizations and the media to promote, inter alia, through education, a
culture of tolerance and respect for the diversity of religions and for religious sites, which
represent an important aspect of the collective heritage of humankind.
215. He would also like to refer to the observations concerning places of worship and
related recommendations in his predecessor’s report, who visited Israel and the occupied
Palestinian territory in January 2008 (see A/HRC/10/8/Add.2, paras. 25-39 and 76). One of
the recommendations to the Government of Israel, with regard to the protection and
preservation of religious sites, was to issue as soon as possible non-selective regulations
and designate holy sites on a non-discriminatory basis (see A/HRC/10/8/Add.2, para. 77). It
was emphasized that the unique spiritual and religious dimension of the holy sites and their
importance for believers in the whole world needed to be appropriately taken into account.
2.
Communication sent on 5 November 2010 as a follow-up to the Special Rapporteur’s
country visit to Israel and the Occupied Palestinian Territory in January 2008
216. In a follow-up letter of 5 November 2010, the Special Rapporteur reiterated his
appreciation for the cooperation of the Government in relation to his predecessor’s visit to
Israel and the Occupied Palestinian Territory from 20 to 27 January 2008. He emphasized
that follow-up to country reports was of central importance to the cooperation and dialogue
between mandate holders and States. Referring to the report to the Human Rights Council
(A/HRC/13/40, para. 15), the Special Rapporteur indicated that the mandate has reestablished the initial approach of sending follow-up letters after visits in order to receive
updated information about the implementation of the recommendations at the national
level.
217. For ease of reference, the Special Rapporteur transmitted a table containing the
conclusions and recommendations in the related mission report (A/HRC/10/8/Add.3) as
well as follow-up information from relevant United Nations documents, including from the
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