A/HRC/16/53/Add.1
L.
1.
(a)
Israel
Communication sent on 11 March 2010 jointly with the Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967
Allegations transmitted to the Government
206. The Special Procedures mandate holders brought to the attention of the Government
information regarding religious tensions and violent clashes related to religious sites
and places of worship in Bethlehem, Hebron and Jerusalem.
207. According to the information received, the Prime Minister of Israel, H.E. Mr.
Benjamin Netanyahu, announced on 21 February 2010 a plan to rehabilitate and strengthen
the national heritage infrastructures of the State of Israel and in this context confirmed his
intention to include Rachel’s Tomb (on the outskirts of Bethlehem city) and the Cave of the
Patriarchs/Ibrahimi Mosque (in Hebron city) in the list of national heritage sites. During the
following days and in relation to this decision, violent clashes occurred between dozens of
Palestinian youths and Israeli forces at various locations in Hebron and in other cities.
208. On 22 February 2010, the United Nations Special Coordinator for the Middle East
Peace Process, Mr. Robert H. Serry, indicated in a statement that the two holy sites in
Bethlehem and Hebron were located in occupied Palestinian territory and were of historical
and religious significance not only to Judaism but also to Islam and to Christianity. Mr.
Serry urged Israel not to take any steps on the ground which could undermine trust or
prejudice peace negotiations. On 25 February 2010, the Director-General of UNESCO, Ms.
Irina Bokova, also expressed her concern at the announcement by the Israeli Prime Minister
to include the two sites in Bethlehem and Hebron in the Israeli list of National Heritage
sites and at the resulting escalation of tension in the area.
209. In a statement of 25 February 2010, the Israeli Prime Minister emphasized that the
Government of Israel would not harm freedom of worship for Muslims, just as the
Government of Israel would preserve freedom of worship for Jews.
210. On 28 February 2010, Israeli police forces entered the al-Haram al-Sharif/Temple
Mount compound in Jerusalem and dispersed a crowd of Palestinian youths who had
reportedly thrown stones at visitors. On the same day, the Israeli police forces banned
Muslim men under the age of 50 years from the site, however, women and non-Muslims
could continue visiting the al-Haram al-Sharif/Temple Mount compound. On 5 March
2010, Israeli police and Palestinian youths reportedly clashed again at the al-Haram alSharif/Temple Mount compound, resulting in several injuries on both sides.
211. Furthermore, with the authorization and support by Israeli State authorities, the
ongoing construction of a museum on a portion of the Ma’man Allah (Mamilla) cemetery
in Jerusalem reportedly involves the excavation or exposure of hundreds of graves of this
cemetery which has been a Muslim burial ground for more than 1000 years. Concerns have
been expressed that the decision to remove and reinter Muslim remains was apparently
taken without consulting the relevant Muslim religious authorities or the family members of
those interred in Ma’man Allah (Mamilla) cemetery.
212. The Special Rapporteurs asked the Government of Israel to provide information
about the current status of the inclusion of Rachel’s Tomb and the Cave of the
Patriarchs/Ibrahimi Mosque in the list of Israeli national heritage sites, including about any
consultations the Government had with interested parties and religious communities in this
regard. The Special Rapporteurs also requested to be provided with a list of the places
which have been designated by the Government of Israel as holy sites so far and with a
copy of the text of regulations implementing the 1967 Protection of Holy Sites Law.
Furthermore, the Special Rapporteurs asked what measures the Government of Israel has
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