A/HRC/10/8/Add.2
page 2
Summary
The Special Rapporteur on freedom of religion or belief carried out a mission to Israel and
the Occupied Palestinian Territory from 20 to 27 January 2008. In the present report she gives an
overview of the international legal standards and the domestic legal framework on freedom of
religion or belief. She also refers to the religious demography and highlights selected aspects of
the status of freedom of religion or belief in Israel and the Occupied Palestinian Territory. Well
aware of the complex situation and the heightened atmosphere of tension and militancy, the
Special Rapporteur focuses on the following issues of concern: restricted access to places of
worship; the preservation and protection of religious sites; the indication of religious affiliation
on official identity cards; matters of personal status; the preferential treatment of Orthodox
Judaism; the religious rights of persons deprived of their liberty; advocacy of religious hatred
that constitutes incitement to discrimination, hostility or violence; conversions and missionary
activities; and further concerns within the Occupied Palestinian Territory.
In the last part of the report, the Special Rapporteur presents her conclusions and
recommendations. She notes that the State of Israel and the Occupied Palestinian Territory are
home to a rich diversity of religions or beliefs and host religious sites revered by believers from
all over the world. However, liberty of movement, including access to places of worship, is
restricted, in particular for Palestinian Muslims and Christians, through the existing system of
permits, visas, checkpoints and the Barrier. While the Government of Israel informed the Special
Rapporteur that these restrictions were necessary for security reasons, she would like to
emphasize that any measure taken to combat terrorism must comply with States’ obligations
under international law. The Special Rapporteur recommends, inter alia, that all parties especially in the framework of a possible peace agreement - bind themselves legally to protect
the rights of religious minorities and pay particular attention to include comprehensive
guarantees for equality and non-discrimination on grounds of religion or belief. Moreover, she
recommends that the Government of Israel issue non-selective regulations in order to protect and
preserve religious sites on a non-discriminatory basis. Additional recommendations refer to
official documents, matters of personal status and training for staff members of the police,
military forces and personnel of detention facilities. Lastly, in both the State of Israel and in the
Occupied Palestinian Territory, any advocacy of religious hatred that constitutes incitement to
discrimination, hostility or violence should be effectively investigated, prosecuted and punished.