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Israel - Universal Periodic Review

Session reviewed: 29th session of the Universal Periodic Review
Date reviewed: January 23, 2018

Recommendations

Thank you, Mr. President.

Canada commends Israel for its active participation throughout the third cycle of this universal peer-review process, including in the UPR pre-session. Canada values Israel’s commitment to democratic principles and believes these principles, as enshrined in Israeli law, should benefit all individuals in Israel.

Canada recommends that Israel:

1. Reduce restrictions on freedom of movement to allow for better access to health services for Palestinians, particularly those residing in Gaza.
2. Take measures to ensure an equal and non-discriminatory institutional approach toward all communities in Israel, particularly Israeli-Arabs and African asylum seekers.
3. Protect the ability of civil society organizations to operate freely in Israel, particularly human rights groups and international nongovernmental organizations.

We recognize the significant security challenges faced by Israel, including attacks from terrorist groups, and recognize the right of Israel to protect its citizens in accordance with international humanitarian law.  Canada is concerned by the humanitarian impact on civilian Palestinian populations of restrictions on movement and access to services.

Canada also welcomes the measures recently adopted by the Israeli government to promote the equality of LGBTI persons, including the introduction of gender-neutral legislative criteria for adoption, and the addition of sexual orientation and gender identity to the prohibited grounds of discrimination listed in the Pupil’s Rights Law.

Background

In the first two cycles of the UPR, Israel received 424 recommendations, of which 60 were accepted (representing an acceptance rate of 14%). Canada’s previous recommendations to Israel in 2013 were related to access to justice, property and housing rights; equality for women from all communities; and the promotion and protection of the rights of persons with disabilities.

As an occupying power under the Fourth Geneva Convention, Israel is responsible for respecting international humanitarian and human rights law in the occupied territories. While Israelis face serious security threats, the way security measures have been implemented often has a negative impact on the rights of Palestinians, particularly in relation to freedom of movement for better access to appropriate health services. Israeli policies and control of movement in the West Bank limit the freedom of movement of patients within the West Bank and between the West Bank and Israel. Israel only allows some Gazans to enter or transit the country for medical treatment. The WHO reported a 20% increase in applications for medical permits in 2016, but a decline in the approval rate from 76.6% in 2015 to 63.8% in 2016.

Human rights protections in Israel vary based on ethnic or religious groups. Institutional and societal discrimination against minority groups persists, particularly for Israeli-Arabs and African asylum seekers. Israeli-Arabs, who make up approximately 21% of the population, still face discrimination in employment and matters of family reunification when their spouse is a non-Jewish resident of the West Bank, Gaza or specific Arab countries. African asylum seekers lack access to basic social services. Despite the principle of non-refoulement being enshrined in Israel’s Basic Law, African asylum seekers (the majority of whom are from Eritrea and Sudan) may be pressed to accept compensation for “voluntary” departure or detained indefinitely if they decline to leave.

There has been an apparent increase in the stigmatization of human rights nongovernmental organizations with the adoption in July 2016 of the “NGO Law”. This law requires NGOs that receive the majority of their funding from foreign governments to state this fact to relevant Israeli government institutions and the public. In practice, this law unfairly targets certain NGOs and may result in political interference or repercussions for NGOs that are perceived as being more critical of the Israeli government.