A/HRC/10/8/Add.2
page 10
28. Furthermore, on several occasions age restrictions have been imposed by the Government
of Israel on the access to al-Haram al-Sharif/Temple Mount in Jerusalem. During Ramadan
in 2007, for example, sometimes only Palestinians over the age of 45 were allowed entrance and
at other times only Jerusalem identity cardholders or only residents of the old city over the age
of 50 were permitted. On some Fridays, children were allowed to cross Israeli checkpoints
with older relatives but on the last Friday of Ramadan in 2007 even young children were
reportedly turned back. On 21 September 2007, no access was permitted for Palestinians from
the West Bank since all checkpoints were closed for the Jewish holiday of Yom Kippur.8
29. The Special Rapporteur’s predecessor had also transmitted a communication
on 10 June 2004 to the Government of Israel concerning allegations that the renewal of visas for
Christian clergy was obstructed by Israeli authorities (E/CN.4/2005/61/Add.1, para. 148). Visas
for priests, religious men and women as well as seminarians were allegedly denied or were
renewed with severe limitations, including with regard to their validity and the number of
permitted entries. The new practice of issuing only single entry visas reportedly hindered the
clergy’s ability to carry out their pastoral ministry in an effective way. The Latin Patriarchate of
Jerusalem for example includes Palestine, Israel and Jordan and it is feared that these different
areas will be disconnected if Jordanian clergy are not allowed to move between Jordan and Israel
or the Occupied Palestinian Territory. Similarly, the dioceses of several other Christian
communities also cover Cyprus, Jordan, Lebanon or Syria. Since a majority of clergy and
seminarians is Jordanian, many parishes might ultimately be left without priests and seminaries
might be closed. Furthermore, religiously motivated visits for believers living abroad, including
pilgrimages to the religious sites in Bethlehem and Jerusalem, are adversely affected by the
Barrier which has created a concrete separation between these cities.
30. The Government of Israel informed the Special Rapporteur that all of these restrictions to
movement are necessary for security reasons. One of her official interlocutors in Israel stated,
from a military perspective, that “before you can guarantee quality of life you have to save
lives”. The Special Rapporteur would like to reiterate that the State’s obligation to protect and
promote human rights, including every human being’s inherent right to life, requires it to take
effective measures to combat terrorism. Several special procedures mandate-holders have
publicly shared in the unequivocal condemnation of terrorism but have at the same time voiced
their profound concern at the multiplication of policies, legislation and practices increasingly
being adopted by many countries in the name of the fight against terrorism which affect
negatively the enjoyment of virtually all human rights.9 The Special Rapporteur would like to
emphasize that States must ensure that any measure taken to combat terrorism complies with
their obligations under international law, in particular human rights and humanitarian law as
detailed further below.
8
OCHA, The Humanitarian Monitor No. 17, September 2007, p. 11
(www.ochaopt.org/documents/HM_Sep07.pdf).
9
See for example the joint statement by participants of the tenth annual meeting of special
procedures mandate-holders in June 2003 (E/CN.4/2004/4, annex I).