A/HRC/10/8/Add.2 page 12 33. Furthermore, the principle of proportionality requires that restrictive measures must be appropriate to achieve their protective function, must be the least intrusive instrument amongst those which might achieve the desired result, and must be proportionate to the interest to be protected. The various restrictions imposed on the access of Palestinians to religious sites - as documented in the High Commissioner’s report on the implementation of Human Rights Council resolution 6/19 (see A/HRC/8/18, paras. 14-39) - appear to be disproportionate to their aim as well as discriminatory and arbitrary in their application. 34. Moreover, international humanitarian law also protects the freedom to practise one’s religion through religious observances, services and rites. With regard to the rights of the civilian population in a period of occupation, 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” (art. 27). They must be able to practise their religion freely, without any restrictions other than those necessary for the maintenance of public law and morals. According to article 58 of the Fourth Geneva Convention, the “Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities”. Referring to international humanitarian law, the High Commissioner concluded in her recent report (see A/HRC/8/18, para. 59) that Israel should take the necessary measures to ease existing restrictions on local and foreign clergy and allow unhampered movement and access for spiritual leaders to communicate with members of their faith. (c) Situation of Jews 35. In the Occupied Palestinian Territory, there have been incidents and problems of safe access to religious sites revered by Jews, such as Joseph’s Tomb in Nablus or Shalom Al Israel synagogue in Jericho. The Special Rapporteur would like to remind that these two places in the West Bank have been designated as Jewish holy sites according to Annex I of the 1995 IsraeliPalestinian Interim Agreement on the West Bank and the Gaza Strip. According to its article 5, “Joint Mobile Units” should ensure free, unimpeded and secure access to these sites as well as ensure the peaceful use of such sites, prevent any potential instances of disorder and respond to any incident. 36. Furthermore, the Special Rapporteur was informed that, according to decisions of the Government of Israel and several court rulings, Jews are not allowed to pray in any overt manner on the al-Haram al-Sharif/Temple Mount. In addition, the Chief Rabbinate of Israel has enunciated a prohibition under Jewish law against entering this area and has placed a sign to that effect at the entrance of the pedestrian pathway indicating that “according to the Torah it is forbidden to enter the area of the Temple Mount due to its sacredness”. Some rabbis, however, argue that Jewish law permits access of Jews to certain parts of the al-Haram al-Sharif/ Temple Mount. 2. Preservation and protection of Muslim and Christian religious sites 37. Several legal provisions in Israel (see paras. 15-16 above) aim to safeguard and preserve sacred places from desecration and stipulate criminal sanctions for the violation of a holy site. The Religious Affairs Minister is charged with the implementation of the 1967 Protection of Holy Sites Law and may issue regulations as to any matter relating to such implementation. However, all the 136 places which have been designated as holy sites until the end of 2007 are