Distr.

GENERAL

E/C.12/1/Add.90
23 May 2003

Original: ENGLISH

Concluding Observations of the
Committee on Economic, Social and Cultural Rights : Israel.
23/05/2003.

E/C.12/1/Add.90.
(Concluding
Observations/Comments)

Convention Abbreviation: CESCR

COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Thirtieth
session
5-23 May 2003

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES

UNDER ARTICLES 16 AND 17 OF THE COVENANT

Concluding observations of the Committee on Economic, Social
and Cultural
Rights

Israel

1. The Committee on Economic, Social and
Cultural Rights considered the second periodic report of Israel on the
implementation of the International Covenant on Economic, Social and Cultural
Rights (E/1990/6/Add.32) at its 17th, 18th and 19th meetings, held on 15 and 16
May 2003 (E/C.12/2003/SR.17, 18 and 19), and adopted, at its 29th meeting, held
on 23 May 2003 (E/C.12/2003/SR.29), the following concluding observations.

A. Introduction

2. The Committee welcomes the
submission of the second periodic report of the State party, which was prepared
in general conformity with the Committee’s guidelines. The Committee appreciates
the extensive written replies to the list of issues, as well as the readiness of
and efforts made by the high-level delegation to respond to the oral questions.
The members of the delegation were knowledgeable with respect to most of the
Covenant rights, but the Committee regrets that a number of the questions it
posed during the dialogue remained unanswered.

3. The Committee notes with appreciation the large amount of information
received from non-governmental organizations concerning the implementation of
the Covenant in the State party.

B. Positive aspects

4. The Committee welcomes the
steps undertaken by the State party to implement the Multiyear Plan for the
Development of Arab Sector Communities (2000), aimed at closing the gap between
Jews and Arabs by promoting equality in the enjoyment of economic, social and
cultural rights.

5. The Committee notes with appreciation the various affirmative action
measures taken, as mentioned in the State party’s replies to the list of issues,
with respect to various disadvantaged sectors such as the Arab Druze, Circassian
and Bedouin communities, despite the decline in economic growth in the State
party in recent years.

6. The Committee further notes with appreciation that the Supreme Court’s
rules of standing have been relaxed, allowing any person, regardless of
citizenship, residency or other status, who contends that his or her rights were
unlawfully denied or infringed, formal access to the Court, and allowing even
for an actio popularis. In particular, the Committee particularly
appreciates that in the State party, plaintiffs seeking remedy for alleged
violations of economic, social and cultural rights have access to and can make
use of the judiciary system, which provides opportunities for the justiciability
of the rights enshrined in the Covenant. In this regard, the Committee welcomes
the information given on cases before the courts, in which reference has been
made to Covenant provisions.

7. The Committee further notes the amendment to the Women Equal Rights Act in
April 2000.

8. The Committee welcomes the improvements in the conditions for foreign
workers, allowing them to change employers for the legal duration of their stay,
prohibiting employers from withholding workers’ passports, as well as the
regulations regarding the system of compulsory health insurance for these
foreign workers.

9. The Committee notes that, while gaps still remain, the State party has
achieved some positive results towards expanding basic education and special
education for non-Jewish sectors.

10. The Committee notes with appreciation the efforts undertaken by the State
party to address the problem of trafficking and exploitation of persons, such as
the criminalization of trafficking, increased penalties for trafficking of
minors, and the enhanced cooperation between government agencies to combat
trafficking with a victim-sensitive approach.

C. Factors and difficulties impeding the implementation of
the Covenant

11. The Committee reiterates its statement made in
previous concluding observations that Israel’s continuing emphasis on its
security concerns, which have even increased in recent years, has impeded the
realization of economic, social and cultural rights within Israel and the
occupied territories.

D. Principal subjects of concern

12. The
Committee notes with regret that a number of the issues raised in its concluding
observations of 1998 (E/C.12/1/Add.27) and 2001 (E/C.12/1/Add.69) remain
outstanding issues of concern. In this regard, the Committee reiterates its
concerns raised in 1998 (E/C.12/1/Add.27, paras. 11, 25, 26 and 28) and in 2001
(E/C.12/1/Add.64, para. 14).

13. Despite the positive measures mentioned in paragraph 6 of the present
concluding observations, the Committee reiterates its concern that the Covenant
has not been incorporated in the domestic legal order, and can therefore not be
directly invoked before the courts.

14. The Committee regrets that the judgement of the Qa’dan case has
still not been implemented.

15. The Committee also reiterates its concern about the State party’s
position that the Covenant does not apply to areas that are not subject to its
sovereign territory and jurisdiction, and that the Covenant is not applicable to
populations other than the Israelis in the occupied territories. The Committee
further reiterates its regret at the State party’s refusal to report on the
occupied territories (E/C.12/1/Add.27, para. 11). In addition, the Committee is
deeply concerned at the insistence of the State party that, given the
circumstances in the occupied territories, the law of armed conflict and
humanitarian law are considered as the only mode whereby protection may be
ensured for all involved, and that this matter is considered to fall outside the
sphere of the Committee’s responsibility.

16. The Committee is deeply concerned about the continuing difference in
treatment between Jews and non-Jews, in particular Arab and Bedouin communities,
with regard to their enjoyment of economic, social and cultural rights in the
State party’s territory. The Committee reiterates its concern that the
“excessive emphasis upon the State as a ‘Jewish State’ encourages discrimination
and accords a second-class status to its non-Jewish citizens” (ibid., para. 10).
This discriminatory attitude is apparent in the continuing lower standard of
living of Israeli Arabs as a result, inter alia, of higher unemployment rates,
restricted access to and participation in trade unions, lack of access to
housing, water, electricity and health care and a lower level of education,
despite the State party’s efforts to close the gap. In this regard, the
Committee expresses its concern that the State party’s domestic legal order does
not enshrine the general principles of equality and non-discrimination.

17. The Committee is concerned that in spite of the enactment of the Equal
Rights for People with Disabilities Law in 2000, the majority of its provisions
have not been implemented. The situation is aggravated for persons with
disabilities from the Arab sector.

18. The Committee is particularly concerned about the status of “Jewish
nationality”, which is a ground for exclusive preferential treatment for persons
of Jewish nationality under the Israeli Law of Return, granting them automatic
citizenship and financial government benefits, thus resulting in practice in
discriminatory treatment against non-Jews, in particular Palestinian refugees.
The Committee is also concerned about the practice of restrictive family
reunification with regard to Palestinians, which has been adopted for reasons of
national security. The Committee reiterates its concern in this regard (ibid.,
para. 13 and E/C.12/1/Add.69, para. 14).

19. The Committee deeply regrets the refusal of the State party to provide in
its second periodic report additional information on the living conditions of
population groups other than Israeli settlers in the occupied territories as
requested in its 2001 concluding observations. The Committee continues to be
gravely concerned about the deplorable living conditions of the Palestinians in
the occupied territories, who - as a result of the continuing occupation and
subsequent measures of closures, extended curfews, roadblocks and security
checkpoints - suffer from impingement of their enjoyment of economic, social and
cultural rights enshrined in the Covenant, in particular access to work, land,
water, health care, education and food.

20. The Committee expresses its concern about the general increase in
unemployment in the State party, which rose from 6.7 per cent in 1996 to 10.5
per cent in 2002, as well as about the significant increase in unemployment of
the non-Jewish sectors: 13.5 per cent for the Arab sector and more than 15 per
cent for the Bedouin sector. The Committee also expresses concern about the rate
of unemployment in the occupied territories, which is over 50 per cent as a
result of the closures which have prevented Palestinians from working in Israel.

21. The Committee is concerned about the persisting inequality in wages of
Jews and Arabs in Israel, as well as the severe under-representation of the Arab
sector in the civil service and universities.

22. The Committee is concerned about the fact that it is extremely difficult
for Palestinians living in the occupied territories and working in Israel to
join Israeli trade unions or to establish their own trade unions in Israel.

23. The Committee expresses concern about the fact that the Jewish religious
courts’ interpretation of personal status law with respect to divorce is
discriminatory as regards women, especially the regulation that allows the
husband to remarry even when the wife is opposed to the divorce, whilst the same
rules do not apply to the wife.

24. The Committee is particularly concerned about information received
concerning the construction of a “security fence” around the occupied
territories, which allegedly would infringe upon the surface area of the
occupied territories and which would limit or even impede access by Palestinian
individuals and communities to land and water resources. The Committee regrets
the fact that the delegation did not respond to questions by the Committee
concerning the security fence or wall during the dialogue.

25. The Committee is particularly concerned about limited access to and
distribution and availability of water for Palestinians in the occupied
territories, as a result of inequitable management, extraction and distribution
of shared water resources, which are predominantly under Israeli control.

26. The Committee reiterates its grave concern about the continuing practices
by the State party of home demolitions, land confiscations and restrictions on
residency rights, and its adoption of policies resulting in substandard housing
and living conditions, including extreme overcrowding and lack of services, of
Palestinians in East Jerusalem, in particular in the old city (E/C.12/1/Add.27,
para. 22). Furthermore, the Committee is gravely concerned about the continuing
practice of expropriation of Palestinian properties and resources for the
expansion of Israeli settlements in the occupied territories (ibid., para. 24).

27. The Committee continues to be concerned about the situation of Bedouins
residing in Israel, and in particular those living in villages that are still
unrecognized (ibid., para. 28). Despite measures by the State party to close the
gap between the living conditions of Jews and Bedouins in the Negev, the quality
of living and housing conditions of the Bedouins continue to be significantly
lower, with limited or no access to water, electricity and sanitation. Moreover,
Bedouins continue to be subjected on a regular basis to land confiscations,
house demolitions, fines for building “illegally”, destruction of agricultural
crops, fields and trees, and systematic harassment and persecution by the Green
Patrol, in order to force them to resettle in “townships”. The Committee is also
concerned that the present compensation scheme for Bedouins who agree to
resettle in “townships” is inadequate.

E. Suggestions and recommendations

28. The
Committee urges the State party to take into consideration the subjects of
concern and to give effect to the recommendations contained in its 1998 and 2001
concluding observations.

29. The Committee urges the State party to undertake steps towards the
incorporation of the Covenant and its provisions in the domestic legal order.
The Committee refers the State party to its general comment No. 9 on the
domestic application of the Covenant.

30. The Committee urges the State party to undertake steps to facilitate the
implementation of the judgement in the Qa’dan case.

31. The Committee recognizes that the State party has serious security
concerns, which must be balanced with its efforts to comply with its obligations
under international human rights law. However, the Committee reaffirms its view
that the State party’s obligations under the Covenant apply to all territories
and populations under its effective control. The Committee repeats its position
that even in a situation of armed conflict, fundamental human rights must be
respected and that basic economic, social and cultural rights, as part of the
minimum standards of human rights, are guaranteed under customary international
law and are also prescribed by international humanitarian law. Moreover, the
applicability of rules of humanitarian law does not by itself impede the
application of the Covenant or the accountability of the State under article 2
(1) for the actions of its authorities. The Committee therefore requests that
the State party provide more extensive information on the enjoyment of economic,
social and cultural rights enshrined in the Covenant by those living in the
occupied territories in its next periodic report.

32. The Committee reiterates its recommendation that the State party take
steps to ensure equality of treatment for all Israeli citizens in relation to
all Covenant rights (ibid., para. 34).

33. The Committee urges the State party to undertake effective measures to
combat discrimination against persons with disabilities, especially by providing
access to public facilities and promoting access to basic services and
employment, with particular attention to persons with disabilities from the Arab
sector.

34. The Committee reiterates its recommendation (ibid., para. 36) that in
order to ensure equality of treatment and non-discrimination, the State party
undertake a review of its re-entry and family reunification policies for
Palestinians.

35. The Committee reiterates its request that the State party provide
detailed information on the enjoyment of economic, social and cultural rights of
all population groups living in the occupied territories in its next periodic
report (ibid., para. 46 and E/C.12/1/Add.69). The Committee also calls upon the
State party to give full effect to its Covenant obligations and, as a matter of
the highest priority, to undertake to ensure safe passage at checkpoints for
Palestinian medical staff and people seeking treatment, the unhampered flow of
essential foodstuffs and supplies, free movement to places of employment, and
the safe conduct of students and teachers to and from schools (E/C.12/1/Add.27,
para. 39).

36. The Committee recommends that the State party take effective measures to
reduce the rate of unemployment, and pay particular attention to reducing the
inequalities between the Jewish and non-Jewish sectors with respect to
employment. The Committee further recommends that the State party ensure that
workers living in the occupied territories are permitted to continue to work in
Israel.

37. The Committee strongly recommends that the State party take measures to
reduce the inequalities in wages between Jews and Arabs, in conformity with the
principle of equal pay for work of equal value, as enshrined in article 7 of the
Covenant.

38. The Committee recommends that the State party take steps to ensure that
all workers working in Israel can exercise their trade union rights, in
accordance with article 8 of the Covenant.

39. The Committee recommends that the State party take steps to modify the
Jewish religious courts’ interpretation of the law concerning divorce to ensure
equality between men and women, as provided for in article 3 of the Covenant.

40. The Committee urges the State party to ensure that any security measure
it adopts does not disproportionally limit or impede the enjoyment of economic,
social and cultural rights enshrined in the Covenant, in particular access to
land and water resources by Palestinians, and that adequate restitution and
compensation are provided to those who have incurred damage to and loss of
property and lands as a result of these security measures.

41. The Committee strongly urges the State party to take immediate steps to
ensure equitable access to and distribution of water to all populations living
in the occupied territories, and in particular to ensure that all parties
concerned participate fully and equally in the process of water management,
extraction and distribution. In that connection, the Committee refers the State
party to its general comment No. 15 on the right to water.

42. Reiterating its earlier recommendation (ibid., para. 41), the Committee
urges the State party to cease the practices of facilitating the building of
Israeli settlements, expropriating land, water and resources, demolishing houses
and carrying out arbitrary evictions. The Committee also urges the State party
to take immediate steps to respect and implement the right to an adequate
standard of living, including housing, of the Palestinian residents of East
Jerusalem and the Palestinian Arabs in cities with mixed populations. The
Committee recalls in this connection its general comments No. 4 (the right to
adequate housing) and No. 7 (forced evictions). The Committee requests the State
party to provide detailed information on this issue in its next periodic report.

43. The Committee further urges the State party to recognize all existing
Bedouin villages, their property rights and their right to basic services, in
particular water, and to desist from the destruction and damaging of
agricultural crops and fields, including in unrecognized villages. The Committee
further encourages the State party to adopt an adequate compensation scheme for
Bedouins who have agreed to resettle in “townships”.

44. The Committee encourages the State party to continue to provide human
rights education in schools at all levels and to raise awareness about human
rights, in particular economic, social and cultural rights, among State
officials and the judiciary.

45. The Committee also encourages the State party to develop the system of
mixed schools for Jewish and Arab pupils, in order to promote understanding,
tolerance and friendship among the citizens of the country.

46. The Committee requests the State party to disseminate its concluding
observations widely among all levels of society and to inform the Committee of
all steps taken to implement them in its next periodic report. It also
encourages the State party to continue to consult with non-governmental
organizations and other members of civil society when preparing its third
periodic report.

47. The Committee requests the State party to submit its third periodic
report by 30 June 2008.

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